Devo are suing the fast-food giant McDonalds over a Happy Meal figure that they claim breaches copyright.

The band, whose were pioneers of wave music, believe the company's recent New Wave Nigel figure sports a flower pot hat which is reminiscent of their look in the 1970s.

In a message on their website, the band also claimed that New Wave Nigel emitted a “Devo-esque song”.

Devo's classic flower pot hat, which was known as the Energy Dome, was designed by bassist Gerald Casale.

According to the Australian Associated Press, Casale is quoted as saying that McDonald's didn't approach the band before the figure launched in April.

"Plus, we don't like McDonald's, and we don't like American Idol, so we're doubly offended,” Casale added.

New Wave Nigel was part of a line of action figures, which also included Disco Dave, Country Clay, Rockin' Riley and Soulful Selma, that were used to promote American Idol.

(by Jason Gregory)