Legal News

Whip It! Devo?s Law Firm Says Band Isn?t Suing Over McDonald?s Doll

By Dan Slater

Devo performs at Shepherds Bush Empire in West London, June 26, 2007. (Credit: Associated Press/Johnny Green)

Exercising uncharacteristic willpower, the Law Blog has until now refrained from telling you about recent media reports that Devo, the post-punk band known best for its song “Whip It,” was suing McDonald’s for appropriating the band’s signature “Energy Dome” hat for an American Idol-branded happy-meal toy (pictured, right).

“New Wave Nigel” Happy Meal toy.

According to the reports, Devo bass player Gerald Casale, who came up with the band’s look, said, “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.” He reportedly added, “We’re in the midst of suing them. 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.”

But we just couldn’t get confirmation that a suit had actually been filed. Turns out, there was no suit filed, according to an email from Jennifer Gassen, who is a lawyer at the law office of David Blau, Devo’s attorney. (Blau, according to his firm’s Web site, is a graduate of Loyola Law School, near and dear to the hearts of so many readers of this blog.) In an e-mail, Gassen wrote:

Please be advised that the story about a civil action by Devo against McDonald’s is a rumor and is completely false. No lawsuit has been filed and no litigation is pending. Any issue with the McDonald’s “New Wave Nigel” promotion has been amicably resolved on mutually agreeable terms.

Law Blog YouTube Video of the Day: Oh well. But that doesn’t mean we can’t still whip our Wednesday morning good. Whip it good! Click here for the “Whip it” music video, circa 1980, and enjoy.

Full post as published by Law Blog - WSJ.com on July 02, 2008 (boomark / email).