1. Both works are set in a bi-level shopping mall.
2. The mall has a gun shop, in which action takes place.
3. The mall is located in a rural area with the National Guard patrolling its environs.
4. Both works are set in motion by a helicopter that takes the lead characters to a mall besieged by zombies.
5. Many of the zombies wear plaid shirts.
6. Both works feature a subtext critique of sensationalistic journalism through their use of tough, cynical journalists with short brown hair and leather jackets as a lead male character.
7. Both works feature the creative use of items such as propane tanks, chainsaws, and vehicles to kill zombies.
8. Both works are a parody of rampant consumerism.
9. Both works use music in the mall for comedic effect.
10. Dead Rising's use of the word "hell" references the tagline for Dawn of the Dead's release ("When there's no more room in hell, the dead will walk the earth.").

[That MKR] has not identified any similarity between Dead Rising and any protected element of Dawn of the Dead. Rather, the few similarities MKR has alleged are driven by the wholly unprotectable concept of humans battling zombies in a mall during a zombie outbreak.

To the extent that Dead Rising may be deemed to posses a theme, it is confined to the killing of zombies in the process of attempting to unlock the cause of the zombie infestation. The social commentary MKR draws from Dawn of the Dead, in other words, appears totally absent from the combat focus found in Dead Rising.

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