Following Capcom's
pre-emptive lawsuit against Dawn of the Dead film rights holder MKR Productions, the latter have filed suit against Capcom Japan and two U.S. divisions for copyright and trademark infringement.
Capcom originally filed suit against MKR Productions, to "eliminate any doubt" that its massively popular Xbox 360 game
Dead Rising does not infringe on the company's rights.
Capcom indicated at the time that though litigation against the company was never filed by New Line or MKR, a disclaimer was included on the game box in anticipation of legal troubles, and sought a declaratory judgment to protect its rights and prove that the scenario of zombies attacking a mall is an "unprotectible theme" under copyright law.
According to a new Reuters report, though, MKR
has filed suit, noting that "both works are dark comedies," and that both feature "the recreational activities of the zombies and absurdly grotesque 'kill scenes' provide unexpected comedic relief."
It concludes, according to Reuters, that "both works provided thoughtful social commentary on the 'mall culture' zeitgeist, in addition to serving up a sizable portion of sensationalistic violence."
Capcom has not yet commented on the suit.
