Iconic 80s electronic band Devo is suing McDonalds for copyright infringement over a Happy Meal toy included as part of an American Idol promotion. The toy featured Devo's trademark plastic tiered red funnel hat, distinctive glasses, and orange jumpsuit and was named “New Wave Nigel.” Devo popularized that unique look in the video for their 1980 hit “Whip It,” and they say McDonalds is blatantly ripping them off, plus they say they just don't like them or American Idol, so they're “doubly offended.”

Eric Whelchel at Blog Critics points out that Devo isn't advertise to being used for commercial advertisements, so it's likely that they're just understandably pissed that they're not getting paid:

Devo is currently riding the artistic integrity highway in explaining its legal action. Bassist Gerald Casale, credited with creating the band's unique look, is quoted as saying that McDonald's “didn't ask us anything. Plus, we don't like McDonalds', and we don't like American Idol, so we're doubly offended.”Nevertheless, it's somewhat difficult to accept this assertion at face value. Despite its carefully crafted image as a band that mocked and criticized commercialism, Devo hasn't shied away from using its image or music in commercials. The band appeared in a 1984 ad for Honda scooters, and later recorded a new version of “Whip It” for Swiffer television commercials (though Casale has since stated the band regrets that decision). Clearly, Devo won't ever be confused with Tom Waits regarding their views on licensing their songs (or themselves) for commercial use.

With this history in mind, Casale's comment that McDonald's “didn't ask us anything” is curious. Those cynics among us could interpret that to mean that Devo might have approved the idea, had they been asked and, it can be inferred, been given a cut of that sweet Big Mac baksheesh.