The New York Post said the new wave band, whose song "Whip It" was one of the most popular songs of the 1980s, is suing for copyright infringement because the "American Idol"-themed Happy Meal character is dressed in a costume, similar to the ones Devo wore on stage, and plays music much like the group's.
"This New Wave Nigel doll that they've created is just a complete Devo rip-off," the Post quotes Devo member Gerald Casale as saying.
Casale added that McDonald's did not reach out to the band before distributing the toys.
The Post said the fast-food giant hasn't commented on the lawsuit.
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