Devo Sues McDonald’s

When one thinks of new wave music, images of hairstyles reminiscent of Flock of Seagulls, David Byrne-style dancing, and energy dome hats made famous by Devo might come to mind. In the case of Devo, although the hats have changed color over the years, their iconic status as a representation of the band remains strong.

When one thinks of new wave music, images of hairstyles reminiscent of Flock of Seagulls, David Byrne-style dancing, and energy dome hats made famous by Devo might come to mind. In the case of Devo, although the hats have changed color over the years, their iconic status as a representation of the band remains strong. So in April, when McDonald’s “American Idol” Happy Meal campaign featured a toy named New Wave Nigel wearing an energy dome, Devo bassist, Gerald Casale became suspicious of the resemblance between the doll and the recognizable emblem of his band.

The American Idol-themed toys, with names like Disco Dave, Country Clay, Rockin’ Riley, and Soulful Selma, are appropriate visual stereotypes of each musical genre. New Wave Nigel, however, resembles one specific band, not the new wave genre as a whole.

Devo used their band’s website to demonstrate other similarities, beside the obvious headgear resemblance, between the band and toy. McDonald’s Nigel wears an orange jumpsuit, wears angular sunglasses, and plays a song that sounds “Devo-esque,” according to the online posting on Devo’s webpage. Nothing about the toy resembles any other new wave artist.

Allegedly, Devo is filing suit against McDonald’s in response to the restaurant’s production of the mini Mark Mothersbaugh-like toy, claiming that the band was not contacted about licensing their image. According to Casale, the infraction offends them even more since the band “doesn’t like McDonald’s, and doesn’t like American Idol.”

Since Casale owns the trademark to the energy dome hat, the case should not prove too difficult for Devo. Perhaps it is time for Devo to “whip it, whip it good.” Speaking of McDonald’s, that is.