LawTalk Blog

FALSE REPORTS OF DEVO LAWSUIT AGAINST MCDONALD’S

Several media sources have recently claimed that Devo, the post-punk band known 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.

According to the news reports, Devo bass player Gerald Casale allegedly stated, “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.”

As reported by the Wall Street Journal Law Blog, Jennifer Gassen, who is a lawyer at the law office of David Blau, Devo’s attorney, wrote in an email:

“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.”

 

“New Wave Nigel” Happy Meal toy. 

RAPPER 50 CENT SUES TACO BELL FOR TRADEMARK INFRINGEMENT

The rapper known as 50 Cent (Curtis Jackson) is suing Taco Bell, for trademark infringement, alleging that the restaurant drafted a fake letter allegedly asking Jackson to change his name to “79 Cent,” “89 Cent” or “99 Cent” in order to publicize its “79-89-99 Cent Why Pay More Value Menu.”

Purportedly, Taco Bell released the letter to the national press in June before sending it to Jackson, “Simply put, Taco Bell knew that it would likely have had to pay Jackson a multi-million-dollar fee to get his endorsement, even if he had agreed to do it — which is in doubt,” says the suit, which was filed by Reed Smith’s Peter D. Raymond and Wallace B. Neel. “Rather than face rejection or pay fair value, Taco Bell chose to steal his endorsement and to enjoy all the publicity of being associated with a mega-star while bearing none of the costs.”

A spokesman for Taco Bell said: “We made a good faith, charitable offer to 50 Cent to change his name to either 79, 89 or 99 Cent for one day by rapping his order at a Taco Bell, and we would have been very pleased to make the $10,000 donation to the charity of his choice.”