Chubby Checker sues over cheeky app
Published 15/02/2013 | 02:46
Rock'n'roll legend Chubby Checker is twisting mad over a software application that allows women to estimate the size of a man's penis based on his shoe size.
The singer, whose real name is Ernest Evans, filed a trademark infringement lawsuit against Hewlett Packard and Palm in federal court in Fort Pierce, Florida, saying that the app "adversely affects Chubby Checker's brand and value".
The app, called The Chubby Checker, was an unauthorised use of Checker's name and trademark, the lawsuit alleges. "He's hurt," said Checker's lawyer Willie Gary. "He worked hard to build his name and reputation over the years."
The app is no longer available. Checker, 71, who lives in Pennsylvania, is seeking half a billion dollars in damages and restitution.
In a brief statement, Michael Thacker, HP's director of corporate media relations, said: "The application was removed in September 2012 and is no longer on any Palm or HP hosted website."
He said the app was removed in the same month that Mr Gary sent a cease-and-desist letter to the companies on behalf of Checker.
It is unclear how long the 99-cent app was available to customers. According to the industry website webOSNation, the app sold fewer than 100 copies.
The app was not developed by HP or Palm, but by a third-party. The app developer is not named in the lawsuit. "We're going straight to the source," said Mr Gary. According to court documents, the lawsuit was filed in Florida because HP and Palm do business in the state.
Checker did not give permission or receive compensation from the app, which purported to be for entertainment purposes only. The lawsuit said Checker had received patents and trademark licences for his name to be used for a line of snacks and other food products.
Checker's song The Twist was at the top of the Billboard charts for 18 weeks in 1960 and became an iconic tune of the era.