Devo In The Midst Of Suing McDonald's For Copyright Infringement

Los Angeles, CA (CNS) - New Wave music group Devo is planning to sue fast food giant McDonald's over their Happy Meal figure that sports their trademark hat.

McDonald's April Happy Meal toy giveaway came in the form of an American Idol-themed toy that sports an orange jumpsuit, punk shades, and according to Devo, an "unmistakable Devo Energy Dome." The fast food called their toy "New Wave Nigel."

The band also says that the music coming out from "Nigel" sounds like a "Devo-esque song."

Gerald Casale, the punk group's bass player, reveals they are in the "midst" of suing McDonald's for using their Energy Dome hat without permission.

He tells 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."

The "New Wave Nigel" toy was part of a series of toys McDonald's produced to promote the hit reality talent contest. Other action figures also included Disco Dave, Country Clay, Rockin' Riley, and Soulful Selma.