Freedom of Toys? DEVO to sue McDonalds

Much vaunted new wavers DEVO (always spelled with caps, we have no idea why) are suing McDonald’s after discovering the fast-food behemoth has been distributing toys that bear an uncanny resemblance to the band.

In April this year, McDonald’s introduced a range of American Idol dolls that focused on specific musical genres such as 'Country Clay', 'Rockin’ Riley' and – the excellently monikered – 'Disco Dave'.

However, it’s ‘New Wave Nigel’ that’s at the centre of the lawsuit. The doll is dressed in an orange jumpsuit, pink sunglasses and, most significantly, a red flowerpot hat – a form of headgear strikingly similar to the ‘Energy Domes’ DEVO copyrighted and trademarked during the early 80s, much to Bill and Ben the Flowerpot Men's contemptuous disbelief.

Back in the here and now, a statement on DEVO’s website reads: "We recently discovered that DEVO has once again unwittingly intersected with mainstream pop culture. Was DEVO ever contacted by McDonald's, American Idol, or anyone else involved in making and distributing this toy wearing their trademark headgear? Of course not. Pioneers who got scalped... again."

DEVO first adorned ‘Energy Domes’ after the release of 1980’s Freedom Of Choice LP as a means of mocking the rapid rise of consumerism.

Speaking to the Australian Associated Press, bassist Gerald Casale said:"The very same people that wanted nothing to do with DEVO and looked down on DEVO and condescended DEVO... enough time's gone by that they go, 'Hey, you know those guys are synonymous with what was new about new wave. So if we're going to do New Wave Nigel, what do people recognise iconically better than DEVO and the red hat?"

He added: “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.”

Perhaps unsurprisingly, McDonald’s are yet to comment.