Stuff.co.nz is reporting that Devo are suing the McDonalds Corporation after the hamburger chain used the group’s likeness in an April Happy Meal toy without permission. McDonald’s apparently had released a bunch of American Idol-themed toys that had little plastic figures dressed to represent different musical styles. There was Disco Dave, Rockin’ Riley and, the basis of Devo's lawsuit, New Wave Nigel. If you've the “Whip It” video, you will quickly recognize those odd red hats, dubbed back-then “energy domes” by the group, as the same hat that adorns little New Wave Nigel’s head.
Supposedly, McDonald’s didn't know 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 wears an orange jumpsuit and sunglasses eerily similar to the band’s wardrobe at the time, and the plastic figure even has a song that the band claims sounds Devo-esque.
The real Devo, was formed in Akron, OH, USA in 1974, are famous for their 1980 hit Whip It, and are credited with helping bring 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. There, got it?
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