The company claims that Dead Rising is a cut-and-dry adaptation of Dawn of the Dead, a 1978 zombie horror film set in a shopping mall for which MKR owns the copyright. Earlier this month, MKR notified Capcom, Best Buy and Microsoft of its intentions to file suit if a settlement could not be reached.

A week later, Capcom filed a complaint in the US District Court, seeking an injunction to prevent the suit and asking the Court to declare that Dead Rising did not infringe upon MKR's trademark. MKR claims that it filed suit after talks with Capcom failed.

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.