The company is seeking attorney's fees and a declaration from the Court that Dead Rising does not infringe on MKR's trademark. A 1978 zombie horror film set in a shopping mall, Dawn of the Dead is considered by many to be a direct inspiration for Dead Rising. A loose remake of the film was released in 2004.

Capcom alleges that similarities between the properties are based on "the wholly unprotectible idea of humans battling zombies in a shopping mall," and cannot stand up as a copyright claim.

The complaint notes that on February 6, MKR informed Capcom, Microsoft, and Best Buy of its intentions to file a claim against the companies for the development, marketing and distribution of Dead Rising in three weeks' time.

The long-running dispute began brewing before the game was released in 2006, with Capcom taking the preemptive measure of placing a label on the Dead Rising box disavowing any relationship to the film. The filing notes that Capcom's complaint is meant as a response to MKR's threat of legal action.

Though MKR claims to own the Dawn of the Dead trademark, Capcom's complaint states that MKR has never filed for the "Dawn of the Dead" trademark beyond "George A. Romero's Dawn of the Dead", and a logo depicting a partial shot of a zombie head.