PDF file via The Hollywood Reporter Esq.), the game publisher asserts that "humans battling zombies in a shopping mall" is a "wholly unprotectible idea" under today's copyright laws.
The reason for Capcom's fair use claim reportedly comes from a draft complaint sent to the company (as well as Microsoft and Best Buy) by The MKR Group, who claim intellectual ownership of both Dawn of the Dead films. Capcom's filing notes that the company unsuccessfully tried to discuss the matter and that the game features a disclaimer that reads, "This game was not developed, approved or licensed by the owners or creators of George A. Romero's Dawn of the Dead."
It's time to conduct a very (ahem) scientific poll.