Chubby Checker Sues H-P & Palm for Penis Size-Guessing App
FORT PIERCE, Fla. (CN) - Chubby Checker sued Hewlett-Packard and Palm, claiming they violated his trademark by selling or giving away a Chubby Checker app, which "enables women to estimate the size of a man's penis based on his shoe size."
Plaintiff Ernest Evans is better known to the world as Chubby Checker, for his 1960 No. 1 "The Twist," and a slew of other twist tunes that followed, including "Let's Twist Again (Like We Did Last Summer)." He's sold 250 million records worldwide.
Evans trademarked his stage name in 1998, then got more trademarks to use the name in food products, posters and water.
He claims that H-P and Palm have been offering the Chubby Checker app in the Palm App Catalog since October 2006.
He claims "the defendants had full knowledge of the icon status of Chubby Checker when it began offering for sale and/or permitting free download of the app named 'The Chubby Checker.'"
Evans told H-P to cease and desist on Sept. 6, 2012, but it has not ceased or desisted, Evans claims.
He seeks an injunction and damages for trademark infringement, trademark dilution, unfair competition and publicity rights violations.
Co-plaintiffs are his companies, The Last Twist Inc., and The Ernest Evans Corp.
Defendant Palm is a subsidiary of H-P.
Chubby Checker is represented by William Gary, with Gary, Williams, Parenti, Watson & Gary, of Stuart, Fla.
Among the claims in the federal complaint are that Evans' recording of "The Twist" is still the only single to have occupied the No. 1 position for a long spell (18 weeks in 1960), then fall off the charts and climb back to No. 1 again, in the fall of 1961.
His Chubby Checker trademarks cover musical recordings, other entertainment, hamburgers, lamp chops, veal chops, chicken, popcorn, candy, hot dogs, chocolate and spring water, according to the complaint.