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Old 06-26-2008, 12:13 PM   #1 (permalink)
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Devo sues McDonalds

Quote:
Devo looks to whip McDonald's good
Look out. McDonald’s has poked the sleeping bear otherwise known as Devo.

In April, the fast-food chain came out with an “American Idol”-based collection of Happy Meal figurines, each representing a different musical genre: Disco Dave, Country Clay, Rockin' Riley, Soulful Selma and New Wave Nigel.

The little New Wave dude boasts skinny pink shades and something that looks remarkably like Devo’s Energy Dome that band members wore on their heads on the “Freedom of Choice” album cover and in the “Whip It” video. Plus, if you flip up the toy’s right arm, it plays a plastic-y techno groove that, the band’s Club Devo Web site notes, “sounds a bit like a mutated version of Devo’s ‘Doctor Detroit.’ ”

See and hear for yourself by clicking here:

“Was Devo ever contacted by McDonald’s, “American Idol,” or anyone else involved in making and distributing this toy wearing their trademark headgear?” Club Devo asks. “Of course not.”

Because Devo had trademarked those upturned-red-flower-pot-resembling Energy Domes, it is taking legal action.

“We are in the midst of suing them,” Devo bassist Gerald Casale told Australian Associated Press. “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.”

The irony was not lost on Casale that a band that satirized mass culture was now being embraced by two of the biggest fixtures of the mainstream: McDonald’s and “American Idol.”

“We don't like McDonald's, and we don't like ‘American Idol,’ so we're doubly offended.”



The Link that sticks it to the man.
I thought about putting this in Found on the Web or General Discussion but finally decided on Music.

I find this incredibly funny. Granted I hate hate hate "American Idol" and McDonalds usually makes me mildly nauseous, but this is fantastic. There is a quite obvious trademark infringement here. Unfortunately, I doubt that this case will ever see the inside of a courtroom given that McDonalds has very deep pockets and no fear of litigation, but it would be fantastic if the little guy won.

The main point, though, is getting this story seen by more people, especially nonsubscribers of the Tribune.
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Old 06-26-2008, 12:19 PM   #2 (permalink)
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and here I thought Devo was busy in the studio working on the next great album that would sweep the world off it's collective ass and into sex shops.
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Old 06-26-2008, 12:33 PM   #3 (permalink)
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Link to video of toy : http://www.clubdevo.com/mp/images/ne...votoy_song.MPG

I predict McDonald's tries to settle out of court quickly. I suspect Devo rejects the settlement and lets it play out in court. I also have the urge to buy a Happy Meal to get this little fellow, but my body can't digest McD food.
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Old 06-26-2008, 12:41 PM   #4 (permalink)
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My son has one of them. It's annoying but not as annoying as the country one.
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Old 06-26-2008, 01:26 PM   #5 (permalink)
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Old 06-26-2008, 03:38 PM   #6 (permalink)
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“We don't like McDonald's, and we don't like ‘American Idol,’ so we're doubly offended.”

Best. Fucking. Quote. Ever.
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Old 06-26-2008, 04:18 PM   #7 (permalink)
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Delicious irony. I love it.
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Old 06-28-2008, 12:39 AM   #8 (permalink)
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Poor Devo....

I'm surprised there's not an army of other New Wave artists trying to sue also. That song the little guy plays sounds like every New Wave hit ever!
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Old 06-28-2008, 05:44 AM   #9 (permalink)
 
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this is funny, but it gets strange when you think about it, simply because the question is not really good ole devo versus The Man---mark mothersbaugh has been doing tv work for years, my favorite bit being the music for pee wee's playhouse



actually, i understand devo's position alot better now, don't you?

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Last edited by roachboy; 06-28-2008 at 05:48 AM..
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Old 06-28-2008, 07:16 AM   #10 (permalink)
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Devo=Little Guy?

Hardly.

They've been pretty "corporate" for a while now. They've licensed the music. They've licensed the look. They do music for Nickelodeon and a ton of other kid-oriented shows. Not to mention the whole Dev2.0 thing ...

McDonald's may have deeper pockets, but Devo is not short of cash--this might be interesting. Please ... let it be interesting.

My (jaded and cynical) guess is that it's yet another marketing ploy.
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Old 06-28-2008, 08:31 AM   #11 (permalink)
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I hope Devo can "whip 'em" big time! (Sorry - had to say it) I'm tired of these large corporate monsters thinking they can do whatever they want to whomever they choose!
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