If you’re going to model your American Idol Happy Meal toy on a real band that still exists, it’s probably a good idea to run it by said band.

But somebody over at McDonald’s goofed. Because, according to the music site Pitchfork, Devo is suing McDonald’s over New Wave Nigel, a Happy Meal giveaway that looks suspiciously like members of that de-evolving ’80s band.

The resemblance goes beyond the energy-dome-style hat: The song the little critter plays is pretty Devo-esque itself. Devo is not amused; the band’s website maintains that the group was not “contacted by McDonald’s, American Idol, or anyone else involved in making and distributing this toy wearing their trademark headgear.”

Perhaps a better way for a food purveyor to honor a great band is to get the guy who actually designed the band’s logo to create some packaging for you.

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