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Devo Sue McDonald’s Over Happy Meal Toy

6/26/08, 11:45 am EST

Devo are suing McDonald’s after the hamburger giant used the band’s likeness in a Happy Meal toy without permission. Last April, McDonald’s released a bunch of American Idol-themed toys that had little plastic figures dressed up to represent different musical genres. There was Disco Dave, Rockin’ Riley and, the basis of Devo’s lawsuit, New Wave Nigel. Anyone who’s seen Devo’s “Whip It” video will automatically recognize those odd red caps, dubbed “energy domes” by the band, as the same hat that adorns New Wave Nigel’s head. Little did McDonald’s know, however, that the “energy dome” is “copyrighted and trademarked,” according to Devo bassist and creator of the “energy dome” Gerald Casale. According to Casale, “We’re in the midst of suing them… they didn’t ask us anything. Plus, we don’t like McDonald’s, and we don’t like American Idol, so we’re doubly offended.” Making matter worse, New Wave Nigel also dons an orange jumpsuit and sunglasses strikingly similar to the band’s wardrobe at the time, and the plastic figure even has a song that the band claims sounds Devo-esque.

[Photo: Getty]


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Comments

Mike | 6/26/2008, 8:25 pm EST

I hope DEVO takes Mickey-D’s to the cleaners!

Anonymous | 6/26/2008, 8:49 pm EST

We are not men. We are McNuggets.

kliffee | 6/26/2008, 9:25 pm EST

thank goodness for DEVO. the hell with McD & American Idle :)

chris | 6/26/2008, 10:31 pm EST

again…another way people who are losing money try and gain money…by doing stupid stuff like this. this is just a harmless toy.

I Heart Mothersbaugh | 6/27/2008, 12:45 am EST

Oh boy… you got to hand it to the jumpsuit-clad holy ones. I’m so glad to hear that somebody else dislikes American Idol. Plus, i think Ronald McDonald can learn a thing or two about fashion from these guys.

James | 6/27/2008, 2:04 am EST

Devo has hit an all time low, apparently. Do they need money that bad? Do they have to enravel themselves in another frivilous lawsuit/media circus?

Wicked Lester | 6/27/2008, 3:27 am EST

Alright DEVO! Kick some ass! American “Idle” & McDonald’s are worthless.

wrecksracer | 6/27/2008, 11:40 am EST

Anybody thinking that Devo needs the money or the attention is wrong. Mark Motherbaugh and Gerald Casale made a ton of money doing soundtrack work over the last 20 years. They don’t even need to tour as Devo. This is a copyright issue, plain and simple. They have every right to sue McDonalds. McClown….pay up!

Fred | 6/27/2008, 4:02 pm EST

If Devo wasn’t a band that had come out in the past against companies like McD’s and corporate culture in general, I’d be inclined to think that this was just another opportunistic suit. But since Devo has always been about resisting culturally destructive pressures, I think it’s awesome that a band is standing up to corporate appropriation of their image and, yes, their sound. Isn’t that what rock and roll was supposed to be all about?

Lorna | 6/28/2008, 7:12 am EST

I personally don’t know much about Devo, but as someone who doesn’t know who they really are, this seems like a pretty dumb lawsuit. Shouldn’t they feel honored that out of all the bands that are out there, part of their image was chosen to represent the whole new wave genre?

dave | 6/28/2008, 10:11 am EST

i am going to sue devo for being retarded

Shhh | 6/28/2008, 1:12 pm EST

Dear Devo. Get over yourselves. Thanks.

Tom Zenns | 6/28/2008, 4:03 pm EST

Its not dumb. They created a widely recognizable look, which became very popular, so they trademarked it. McDonalds has no right to us that trademarked image, or any other, without proper consent. Go Devo. Get that money!

Chinskie | 6/29/2008, 10:15 am EST

Honestly do people here really think that this lawsuit is stupid? McDonalds assumed that they could just use the DEVO image without any repercussions. It’s not an honor, it’s trying to skip out on paying royalties or getting permission so they can fatten their wallets even more.

It’s disgusting.

Alice | 6/29/2008, 5:00 pm EST

Are we not sued?
We are McDonald’s!

I’m shocked that McDonald’s didn’t even bother to check in first to see if it was trademarked. Really. Stupid. Move. In fact, isn’t Jerry Casale one of the top commercial producers these days? Surely there was a person to call his people…I say fry the creeps in that oil where they make their french fries!

Ralph Midnight | 6/30/2008, 7:25 am EST

Like DEVO need the money. Anyone who knows anything about DEVO will know why they are stickin’ it to the man. Do your research kids. They don’t need the cash or the publicity.

Pauly D | 7/1/2008, 9:52 am EST

McDonalds beed to be held tp account!. It’s not to do with how much money Devo may have but not letting McDonalds commit actions that are tantamount to breaking the law.

I wanna kick Dubya in the nuts | 7/4/2008, 7:27 am EST

I just sold mine on eBay for $20. Thanks, Devo!

Xteve | 7/7/2008, 6:29 pm EST

“again…another way people who are losing money try and gain money…by doing stupid stuff like this. this is just a harmless toy. ”

Translation: I don’t understand what the word ‘copyright’ means.

Hard to decide who is stupider, Mickey D’s or the pro-McDs commenters in this thread.

Marianne | 7/8/2008, 10:35 pm EST

Go Devo !!! Sue the pants off the scourge that is McDonalds !!!

MikeT | 7/16/2008, 10:15 pm EST

I hope Devo wins big on this blatant copyright infringement. To the people who think this is a stupid lawsuit, please look up the definition of the words “copyright” and “infringment”. I guarantee if Devo started wearing red/white striped suits with a large McDonald’s “M” on their chests, McDonalds lawyers would be all over them like white on rice.

Uncle Waldemar | 7/26/2008, 2:06 pm EST

Hold the pickles! Hold the lettuce! Hold the “New Wave Nigel”!

Diana Bandit | 8/19/2008, 10:55 am EST

I quess its kinda stupid. I mean, like, who really cares? its just a toy, jesus. Its not worth hiring a lawyer over and all that other crap. seriously? who cares..apparently “devo” has hit roc bottom. idk, I guess they need the money so hey.

firehazrd | 10/12/2008, 11:25 am EST

fuck Mc Donalds! Rape them like they rape the world…

Ryan Moore | 11/10/2008, 1:37 am EST

“Plus, we don’t like McDonald’s, and we don’t like American Idol, so we’re doubly offended.”

Great quote. I agree.

spud girl | 11/18/2008, 1:00 am EST

Go Devo! Screw those asstards!

person | 12/23/2008, 2:26 am EST

Haha. Devo are hilarious! I hate McFatness and American Idol too! I hope Devo wins the lawsuit. I have that stupid New Wave Nigel toy (my little sister got it in a happy meal), and I thought that it was VERY annoying. Devo isn’t doing this for the money, Mark Mothersbaugh makes TONS of money from making music for movies, tv, games, and commercials, they’re doing this because they hate McFatness.

Ashley | 1/8/2009, 4:37 pm EST

ok, they should be glad they are even getting any publicity

Ashley | 1/8/2009, 4:37 pm EST

ok, they should be glad they are even getting any publicity

Broken Spoon | 2/9/2009, 12:16 am EST

Mickey dee’s should get it stuck to them by Devo! I mean why should Devo just sit back and look at the toy? It takes real men to get up and do something about it. Devo doesn’t need the money their just trying to call McDonald’s on the carpet. And damn right they should! GO DEVO GO!!!!

Glz09-Notts | 3/9/2009, 4:04 pm EST

Haha devo make me laugh. I hope they bend ronald backwards! They have made enough money off me over the years.

corbin | 10/3/2009, 11:17 pm EST

just because no toy dont meen sue nad they atleast made it for you >:C/:3

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