In April the fast food chain released a series of American Idol Happy Meal toys in the US based on a range of music genres, including Disco Dave, Country Clay, Rockin’ Riley and Soulful Selma.
Devo’s complaint relates to New Wave Nigel, a toy kitted out in an orange jumpsuit, pink shades, and Devo’s “energy dome” hat.
The band also allege that the toy plays a “Devo-esque song”.
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.”
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