The band Devo is suing McDonald’s over a toy which bears a striking resemblance to the band’s signature look made popular in the 80′s. The “American Idol” series of happy-meal toys features plastic characters that play their own little tune when activated. “New Wave Nigel” depicts a character wearing the band’s famous “energy dome” and even plays a song that sounds Devo-esque. Unfortunately for McDonald’s, that little hat is copyrighted and trademarked, according to Rolling Stone. Details, inside…
Stuff’s article says,
“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,” said bass player Gerard Casale.
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.
Ironic indeed. Good luck to Devo!
McDonalds sued over Happy Meal toy [Stuff]
Devo Sue McDonald’s Over Happy Meal Toy [Rolling Stone]
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I actually got this toy not too long ago, since I just wanted a hamburger happy meal with the small drink and fries. Too funny. I love Devo, and they should win this case.
More power to em, I find it funny one of their reasons for sueing was because “we dont like McDonalds”
I’m now envisioning, in a flight of fancy, McDonald’s somehow losing their shirts to Devo and the band taking over the entire corporation and every franchise.
That would be so awesome.
We are not men; we are McDevo!
I’m kind of late to the party here, and while I loved the Devo of the past, I am surprised none of the previous 54 commenters mentioned anything about “Swiff it.. Swiff it good.” That just makes me want to vomit.
No great fondness of Devo 2.0 here either. Their songs were originally social commentaries and the band cashed in and changed the lyrics so that the Walt Disney company could whore some of the great songs of the 80′s out to kids who have no idea about their historical importance or sociopolitical underpinnings.
Sounds like the Devo of the 2000′s only lives by their past ethics when they stand to profit. It’s sad.
the groomsmen in my wedding wore these hats. but we paid for them.
New Wave Nigel? Sounds like XTC should sue.
@Grrrrrrrrr: @kathyl: Hey, that’s right, you unknowingly got the answer to the SNL question. You win — nothing!
@post_break: That was my first thought, too. There goes the dollar menu! Now I might have to actually start…cooking.
@Aaron Feibus: If I’ve been entertained in the past by an artist, I won’t hold it against them if they choose to “sell out” in the future and maybe ensure some kind of retirement plan for themselves. They’re not the Rolling Stones, so who knows how it worked out for them in terms of royalties? A lot of the artists you assume are raking it in simply aren’t.
@Superawesomerad: If you really think “human error” is possible within the legal department this kind of corporation, then I find your ingenuousness kind of adorable.
@richcreamerybutter: Indeed. An artist can decide to whore him/herself out, and though I might be disappointed, it’s not my call. Considering how lousy many recording artists are compensated for their recorded works, if they can squeeze a few bucks out, I’m okay with that. But somebody else doesn’t get to swipe their work if they feel like it.
It’s time to show those evil spuds what’s what.
@mikelotus: Yes, Devo performed a song by another artist, and the people who wrote the song were summarily compensated for the public performance of their work. So what is your point exactly?
Jerry Casale of Devo, 2008:
“We don’t like McDonald’s”
Mark Mothersbaugh of Devo, 1998:
“The Wacky Adventures of Ronald McDonald: Scared Silly”
[www.imdb.com]
Since McDonald’s is so quick to initiate lawsuits when it comes to anyone else using something they’ve trademarked or copyrighted:
[en.wikipedia.org] /McDonald%27s_legal_cases
it’ s extremely hypocritical of them to blatantly attempt to appropriate something recognized as being associated with a well known musical group, not surprising though. Glad Devo had the foresight to trademark their distinctive look – hope they take McDonald’s for every penny they can wring out of them!
Just when I thought I couldn’t love Devo any more than I already do, they go and do something like this!
I totally understand their position and McD’s is lame, but I have to say, that toy is really cute!