McDonald’s fast food chain is being sued by the 80’s popular new wave band, Devo. Back in April, McDonald’s released new toys for the Happy Meals with an “American Idol” based collection of toys each representing a different musical genre. One of the toys was New Wave Nigel which grabbed the attention of the band Devo. The New Wave Nigel toy had a hat that looked exacly like the one Devo wore in the video of “Whip It”. Devo owns the trademark and copyright of the red hat, and the band is taking legal action on McDonald’s. The band claims the company used it without the band’s permission.
Devo bassist Gerald Casale claims McDonald’s ripped off the band, he also made it clear that the band doesn’t like McDonald’s food, and he is committed to suing the company and taking them down. Gerald is the creator and designer of the red hat.
More on it here:
http://featuresblogs.chicagotribune.com/entertainment_popmachine/2008/06/devo-looks-to-w.html
I’m sorry to say this Devo, but McDonald’s gonna win. McDonald’s will win the dismissal. And here’s why.
If you compare the two hats that Devo and New Wave Nigel wore, both are similar style, but they are not exactly the same.
If you look at New Wave Nigel on the below pic, the hat is a bright orange color, not a dark red color that Devo wore. Plus Nigel’s hat is much wider than Devo’s. McDonald’s is completely safe here. It is not a copyright and trademark infrigement because of the differences of colors.
New Wave Nigel looks no where near Devo style. I think McDonald’s intended to make New Wave Nigel look different than Devo so the company wouldn’t get sued by the band.
Yes, I am defending McDonald’s and ripping into the band. Devo has not been in the music business for years, a bunch of old guys waiting for something to happen so they can win the lottery. Devo, bunch of losers!
Kev
