Post-punk pioneers Devo say they are suing McDonald's in the US over a Happy Meal doll that sports the band's signature red flower pot hat.
In April the fast food chain released a series of American Idol Happy Meal toys in the US based on a range of music genres, including Disco Dave, Country Clay, Rockin' Riley and Soulful Selma.
Devo's complaint relates to New Wave Nigel, a toy kitted out in an orange jumpsuit, pink shades, and Devo's "energy dome" hat.
The band also allege that the toy plays a "Devo-esque song".
Bass player Gerald Casale said the band were taking legal action against McDonald's for using their copyrighted hat without permission.
"We are in the midst of suing them," Casale told AAP.
"This New Wave Nigel doll that they've created is just a complete Devo rip-off and the red hat is exactly the red hat that I designed, and it's copyrighted and trademarked.
"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."
Comment was being sought from McDonald's.
Devo, who formed in Akron, Ohio, in 1974, are famous for their 1980 hit Whip It, and are credited with helping to usher in the synth pop sound of the 1980s.
The name Devo comes from "de-evolution" - the idea that instead of evolving, mankind has actually regressed.
Casale said it was ironic the world's largest fast food chain should appropriate the image of a band known for taking aim at the dysfunction and herd mentality of American society.
"The very same people that wanted nothing to do with Devo and looked down on Devo and condescended (to) Devo... enough time's gone by that they go, 'Hey, you know those guys are synonymous with what was new about New Wave,"' he said.
"'So if we're going to do New Wave Nigel what do people recognise iconically better than Devo and the red hat?"'
Well, I'm anti-lawsuit in general. I grew up thinking the only way you were causing someone financial harm was if your product infringed upon theirs and was costing them sales. Clearly a free give away from McDonalds does not in any way harm the Devo brand.
On the flip side, I understand that they don't want people copying them without asking.
The one thing in this post I absolutely love is the 100% straight "No PC BS" talk "We don't even like McDonalds, and we don't like AMerican Idol, so we're doubly offended"
Unless . . . maybe they really don't care about toy's hat (my son has one of those toys) at all, but this threat of a suit is just an open door to get themselves some publicity.
That's true! Never hurts to get your name back in the press
I don't think that's really necessary. Mark has more money than god, and I don't think they'd do something that cheesy. (No cheeseburger puns intended...) I love that they dis McDonalds, and if it's copywritten & trademarked, then by all means, they should go after McD's. And American Idol is sooo against everythng they believe in - can't say I'm surprised!
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"Tell me, does it move you, Does it soothe you, Does it fill your heart and soul with the roots of rock & roll? When you can't get through it you can listen to it with a 'na na na na', Well I've been there before" -"Been There Before" by Hanson
