Home -> Law Blog Directory -> Intellectual Property Law Blogs -> Video Game Law Blog

Intellectual Property Law

: Video Game Law Blog

Of Zombies, Malls and IP Law

By Chris Bennett, Tudor Carsten, Michael R. Coburn, Sarah Dale-Harris, Pablo Guzman, Danielle (Dani) Lemon, Chris Metcalfe and David Spratley

Can you battle zombies in a mall (or depict such events, anyways) without worrying about infringing on the IP rights of MKR Group, the owners of the "Dawn of the Dead" licenses? Capcom, the company behind the Dead Rising video game, certainly thought so. In fact, Capcomp brought a motion to block any lawsuit on the issue. MKR Group was not deterred, however, and started a lawsuit a couple of weeks later.

That lawsuit has now been dismissed, and Capcom's motion has been granted.

The decision of United States Magistrate Judge Richard Seeborg was informed by his finding that "humans battling zombies in a mall during a zombie outbreak" is not a protectable concept. His Honour also found that the undercurrent of anti-consumerism and other social commentary in Dawn of the Dead was "totally absent" from Dead Rising.

There you have it.

Coverage at: GameDaily

Bookmarks: Delicious, Digg , Facebook, Google, Reddit, StumbleUpon, Yahoo

Full post as published by Video Game Law Blog on December 01, 2008 (boomark / email).