Capcom is seeking a declaration from US courts to prove Dead Rising did not copy Dawn of the Dead films in any way.
The publisher claims the game and the films have "vastly different storylines" and share "only the very general, unprotectible [sic] idea of zombies in a shopping mall".
Capcom was contacted by self-proclaimed owner of the film rights The MKR Group in 2006, and was accused of infringing on copyrights covering both George A. Romero's Dawn of the Dead from 1979 and remake Dawn of the Dead from 2004.
According to the Capcom document the two had talked sporadically for the intervening years, until earlier this month MKR said it would file a trademark infringement suit unless Capcom, Microsft and Best Buy reached agreeable terms in the next three weeks.
MKR also said it would no longer turn down requests to be interviewed about the parties' dispute if things were not resolved.
Dead Rising, if you remember, has you play as reporter Frank West who ships up in a mysterious town to investigate some strange goings on. He later finds out zombies are to blame and goes around killing bundles of them with all sorts of handy props.
Dawn of the Dead, the remake - because we've not seen the other one - has the US under attack from a plague that resurrects the dead as zombies. Four survivors use a mall as a fort and spend time whittling away the hours by sniping the walking dead from rooftops and having a good old laugh.
Both are undeniably similar both in tone and content, and we would recommend you rent either for a spot of entertainment.