Earlier this month, Capcom filed a case against The MKR Group in response to their allegation that Xbox 360 title Dead Rising was essentially a carbon copy of its Dawn of the Dead movies. The case contended that “humans battling zombies in a shopping mall” is a “wholly unprotectible idea.”

Capcom’s request for declaratory judgment has since failed, with MKR now suing Capcom for alleged copyright and trademark infringement.

Both works are dark comedies,” the complaint filed in U.S. District Court in New York on Monday reads. In both, the recreational activities of the zombies and absurdly grotesque ‘kill scenes’ provide unexpected comedic relief.

Both works provided thoughtful social commentary on the ‘mall culture’ zeitgeist, in addition to serving up a sizable portion of sensationalistic violence

Producer, game firm in rights battle over zombies [Reuters]

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