Each week Mark Methenitis contributes Law of the Game on Joystiq, a column on legal issues as they relate to video games:
We're here today to discuss the greatest threat to the world as we know it:
Zombies. Or, rather, how that particular threat has become the topic of a
lawsuit over who controls said brain-eating, reanimated corpses. Before I start commenting on the suit, I have to put forth this bit of a disclaimer: I'm not privy to the court documents, and my commentary is purely speculative. That being said, there are a lot of problems with this suit from a theoretical standpoint.
The suit cites, specifically, both trademark and copyright claims. I have my doubts about either claim being successful, but I'll begin with the trademark issue. For those not familiar, intellectual property law has three major areas that involve Federal registration in the US: patent, trademark, and copyright. In short, patents protect ideas, trademarks protects brands, and copyrights protect expressions. The trademark claim, then, likely involved some issue of dilution or confusion between George A. Romero's '
Dead' movie series (specifically
Dawn of the Dead) marks and the '
Dead Rising' mark. Without some pretty substantial evidence, I don't think MKR group has much of a case based on this claim.