Fenwick client Capcom filed a declaratory relief action against MKR to resolve MKR’s claim that Capcom’s video game Dead Rising infringed MKR’s copyright and trademark rights in the movie Dawn of the Dead and led Capcom to total victory. After MKR filed its counterclaims, Fenwick filed a 12(b)(6) motion to dismiss the copyright, trademark and related state law counterclaims. After commending Fenwick’s oral argument, Judge Seeborg of the Northern District of California granted Capcom’s motion to dismiss with prejudice, dismissed all of MKR’s claims, and entered judgment in favor of Capcom. The decision was subsequently covered by the American Lawyer Daily, IP Law360 and the Daily Journal's November 21, 2008 Verdicts and Settlements. Capcom v. The MKR Group, 2008 U.S. Dist. LEXIS 83836 (N.D. Cal. 2008).
The Fenwick litigation team was led by Rodger Cole, Jennifer Kelly and Marybeth Milionis.