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Devo to McD's -- We'll Whip You, Whip You Good!

7/1/2008 9:36 AM PDT BY TMZ STAFF

Devo -- yep, as in '80s Bar Mitzvah stalwart Devo -- is red hot over a McDonald's Happy Meal toy that they say co-opts their most famous get-up.

The New-Wave band is whippin' mad over "New Wave Nigel," (left) a lil' singer guy who clearly wears one of their concentric "Energy Dome" hats. On their website, the Devo boys call the toy an "unbelievable rip-off."

The fast food behemoth had no comment as yet.

UPDATE: Devo's lawyer tells TMZ that there isn't any lawsuit being filed -- and there won't be. The matter has been "amicably resolved on mutually agreeable terms." The lawyer did not indicate whether she too wore an Energy Dome during billable hours.

24 COMMENTS

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1.

Dawn Day    

When I saw that toy around my house I instantly thought of Devo. Devo shouldn't sue because at least it's gotten people to remember who they were. Micky D's did them a favor.

Whip 'em, whip 'em good!

2272 days ago
2.

martinistopswithus    

MCDONALDS RULEs!!! they have the best fries.

2272 days ago
3.

Cha Cha    

Agreed!! Get over yourselves and be glad you made some kind of an impact. Most young people probably don't remember who you are. Maybe they just need the money...

2272 days ago
4.

kt    

McDonalds is garbage.
Devo rocks.

How embarassing for Devo to appear to sell out to crap like McDonalds!

2272 days ago
5.

kt    

I say SUE 'EM....SUE 'EM GOOD!!

2272 days ago
6.

shannon    

Um, do you really think McD's made any extra money because they put a crappy toy in their happy meal that looked like Devo? Not that I'm saying it was right to steal the image, I'm just saying.

2272 days ago
7.

Corey3rd    

Mark MOthersbaugh of Devo has earned a fortune over the years doing ad jingles and soundtracks to TV shows. He's got the money to sue for them ripping off his trademarked hats. McDonald's needs to be sued the same way M&Ms ought to pay up for ripping off the Naked Cowboy. They are inferring endorsement of their product by these people.

2272 days ago
8.

sgnmg    

My daughter got a happy meal with one of them toys in there and wanted me to throw it away after we got done eating cause it was ugly and she didnt want it.

2272 days ago
9.

POO    

They are still living? Wow.

2272 days ago
10.

Kate    

OBVIOUSLY a rip-off of DEVO - I hope they CRACK THAT WHIP and WHIP IT GOOD!!

Two things in life you must learn while very young: don't mess with the mouse, and and don't mess with Mickey D...

2272 days ago
11.

Tommy    

Guess Devo is out of money and looking for ANY way to get some..give me a break, if I ran around in that hat..would you sue me?

2272 days ago
12.

buh-bye weiner party!    

Devo doesn't have a case. Unless they were planning on marketing a line of FREE plastic action figure knick-knacks, McDonalds isn't stepping on their toes. More than anything, this is a tribute to Devo because it recognizes the iconic nature of their tiered hats. It doesn't harm them, it basically reinforces their status as a major group of the new wave era. Case dismissed.

2272 days ago
13.

Anonymous    

Yeah, it's a rip-off. Just because McDonald's is a big corporation doesn't mean they can rip-off the little guy, even if the little guy was famous a long time ago.

2272 days ago
14.

Lauren    

This is especially ridiculous considering that Devo was almost entirely about mocking and defying pop consumerism.
I don't think it's so much that they want to be paid for every little plastic likeness produced, but rather that they'd rather not have one of their most iconic symbols as a band associated with things like McDonalds and American Idol.

2272 days ago
15.

kevin coe    


what is it with all these 80's
bands needing money ?

2272 days ago
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