Devo Suing McDonald’s Over Stupid Hat
June 15, 2008 by Sean Kelly
Filed under :-) Humor, McDonald's, x Marketing
(FranchisePick.Com Franchise Blog) Are we not copyrighted? We are DEVO!
According to Australia’s National Nine, post-punk pioneers Devo say they are taking McDonald’s to court to Whip’m… Whip’em Good.
In April, McDonald’s released a series of American Idol Happy Meal toys based on a range of music genres, that included Disco Dave, Country Clay, Soulful Selma and, of course, New Wave Nigel.
Devo claims that New Wave Nigel not only rips off their stupid flour pot hat, but plays a “Devo-esque song”. According to National Nine:
Bass player Gerald Casale said the band were taking legal action against McDonald’s for using their copyrighted hat without permission.
“We are in the midst of suing them,” Casale told 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.”
Novelty band Devo was formed in Akron, Ohio, in 1974, are famous for their 1980 hit Whip It.
McDonald’s has not commented so far, though their defense is likely to be: “DEVO? Those guys are still alive?”
WHAT DO YOU THINK? HEARD ANY GOOD DEVO TUNES LATELY? THEIR SHIP MAY FINALLY HAVE COME IN.
Photo credits: McDonald’s Happy Meal toy photo by DaylandS, under Creative Commons license.
Devo photo: Newscom. Devo performing at The Hyundai Pavilion at Glen Helen Devore, California on September 18, 2004
The “hat” is not stupid and McDonald’s did rip it off. The Energy Dome = Devo, period! You need to devolve a bit.
Jake K:
My God… Either you are in the band or Devo still has a fan!
I’m surprised Devo didn’t get sued by Legos for their embarrassing outfits.
What’s next? Are the they going to sue Bob the Builder?
It’s friggin flowerpot for cryin out loud and a butt-ugly one at that.
It’s embarrassing that Devo would think anyone cares!
My guess is, it’s a groovy way for Devo to make extra-money since no one has heard from them they stepped into Dr Evil’s spirala-delic time machine in the late 80’s.
In the spirit of full disclosure, I must admit that one of the very first times I ever saw my future wife she was dressed as a Member of DEVO with 5 of her friends at SIU’s legendary Halloween bash in Carbondale, IL.
Is there a statute of limitations for trademark infringement? Hope so…
You may not keep up with Devo’s world tour over the last few years or the latest iTunes single “Watch Us Work It” but to take the side of a huge Corporation over the little guy shows what kind of sheep you are. McDonald’s sued people named McDonald in Ireland for trademark violation and lost, they deserve to pay to use a copyrighted iconic look. “It’s a corporate feudal state” - DEVO
RAFF & JAKE K:
McDonald’s has been supporting DEVO for years since that’s where the majority of Devo fans work. Listen carefully to the live versions of Are We Not Men? and you can hear many of the fans sing “WOULD YOU LIKE FRIES? WE ARE DEVO.”
If it McDonald’s wasn’t around to teach DEVO fans how to say “Would you like fries with that?” they would all be standing on streetcorners wearing plastic hats, banging cymbals together for spare change. They’d never have been able to afford the two dozen CDs DEVO sold last year.
As for suing the McDonald’s of Ireland, I’m all for it. McDonald is a Scottish name. The McDonald’s there are squatters who usurped the land from the rightful Irish owners. Mickey D’s should be criticized for running the bla’guards out of my homeland? God bless them.
Self-righteous pseudo-intellectuals love to attack McDonald’s as a huge corporation, but few understand what FRANCHISING means. McDonald’s restaurants are owned by small and medium sized business owners, many of whom have had the chance to become millionaires and enjoy the American Dream of successful business ownership because of McDonald’s corporation.
God bless McDonald’s. End frivolous lawsuits and fascistic use of the courts. BOYCOTT DEVO!
awwwww….we’re ALL DE-VO!!!!!!!!
Ooh get the corporate schills, “it’s a stupid hat” “So what it ’s a flower pot” if it was all that bad why’d McD’s swipe it?
Yes they are theives, you kiss ass wretches
You’re right. McDonald’s should have known they were still around.
After all, most of the original band members are working at either the counter or drive thru.
Just the other day one asked:
WOULD YOU LIKE FRIES…?
WE ARE DE-VO!
Amazing that these cartoon characters masquerading as social commenters and real musicians are eager to use the capitalist court systems if it’ll help them make a payment on their lot in the trailer park.
I love these fans like Pol x, Raff and Jake_K expressing their anti-corporate indignation via free wi-fi at Mickey D’s.
What will your moral stand be when they sue your butts for downloading their novelty noise off napster and Youtube? Tell me: when was the last time you actually paid money to listen to DEVO.
Maybe if they actually received royalties from their devoted fans, they wouldn’t have to hire ambulance chasers to try to extort money from legitimate enterprises.
Here’s the next lawsuit victim.
what a bunch of dicks you all are
Well guys if you acually read the argument you might discover that the toy played a devo song, and in that case they have well… a case.
ps Devo was awesome and even if they were not incredibly popular that does not mean they are bad, in my opinion most modern era band suck, thats just me.
DEVO was popular many times longer than most popular rock groups and is much more meaningful and fun than anything the last 20 years, so dont be smart alecks that they do less after 35 yrs. They are still living well. doing commercials etc. while many rockers are long dead or in bad shape. The energy dome is distinctive to this day and you are not allowed to rip off a trademark.
DEVO are the greatest band of all time. They’re hilarious. My 8 year old sister got that toy and it’s VERY annoying and i hope they sued the crap out of mcnasty’s aka mcdonalds.
Mark Mothersbaugh is one of the most sought after music composers in Hollywood, right up there with Danny Elfman… Mark has 112 IMDB listings for crying out loud.
I hope Devo wins the law suit over those corporate thieves.
oh and FYI, McDonald is Irish MacDonald is Scottish
DEVO RULES, FUCK MCDONALDS.
DEVO RULES, FUCK MCDONALDS.
This is a franchising blog.
McDonald’s = GOD
Plus, Devo band members should be a little more respectful to McDonald’s or else their assistant managers might cut their hours. (WOULD YOU LIKE FRIES? WE ARE DEVO!)
devo are the shit…mcdonalds is shit…if i were a member of devo or anyone that has a good case against them, i would try and get as much money off them as possible. GO DEVO!
lol @ the failure here
Anybody heard of Mutato Muzika? Let’s just say that Mothersbaugh and co. aren’t exactly hurting for money. Have you listened to three commercials in the last year? There’s a good chance you heard some of their work.
I LOVE MCDONALDS AND BOUGHT FIVE OF THESE!!! COME AND GET ME DEVO HAHAHAHHAHHAHAH
and how much do you weigh
Go Devo
i am gay
Dear gay:
Thanks for sharing.