'Chubby Checker' lawsuit filed against HP over endowment size estimator | webOS Nation
 
 

'Chubby Checker' lawsuit filed against HP over endowment size estimator 26

by Derek Kessler Tue, 12 Feb 2013 8:26 pm EST

'Chubby Checker' lawsuit filed against HP over endowment size estimator

Attorney Willie Gary of Stuart, Florida, has filed a federal lawsuit in the United States District Court, Florida's Southern District, against HP and Palm on behalf of performer Ernest Evans over the Silicon Valley firms' hosting of an app titled "The Chubby Checker" hosted in the webOS App Catalog. The app, a play on the stage name of Mr. Evans - Chubby Checker, was created by developer Magic Apps, was designed as a calculator for estimating the penis size of a man given the input of his shoe size.

The app was downloaded 84 times before being removed from the App Catalog in September of 2012 and no longer available in the store on device or in the App Catalog web listings. "Chubby Checker" is held as a trademark by the Ernest Evans Corporation. The lawsuit claims that HP and Palm's "use of the name 'Chubby Checker' in its app is likely to associate platiff's marks with the obscene, sexual connotation and images," and that Evans has "received no compensation for the unauthorized use of the Chubby Checker name and trademark".

Additionally, the lawyers allege that customers that have looked at or purchases The Chubby Checker app "are being misled into believing that the plaintiffs have endorsed the defendant's app." Up to its removal, The Chubby Checker had clocked fewer than 100 downloads. The lawsuit is demanding that HP and Palm cease sales of the app bearing the trademark of or similarity to Chubby Checker and triple damages of the profits HP derived from sales of the app. When listed, The Chubby Checker retailed for $0.99; with sales of no more than a hundred copies and the 30% cut taken by Palm and HP from the App Catalog, damages could total upwards of $90.00.

Apart from the $90.00 in profit damages, the lawsuit seeks additional damages to the tune of half a billion dollars for irreperable damage done to the Chubby Checker name.

For their part, when contacted regarding this lawsuit, HP provided us with this statement: "The application was removed in September 2012 and is no longer on any Palm or HP hosted web site."

Aaaaaand… that's enough straight-faced talk about this. Are you kidding me? Seriously, is this a joke? I understand the desire and right to defend one's trademark against infringement. The brand of Chubby Checker is no doubt a valuable one, what with the iconic 1960's dance and all, but of all the things to file a lawsuit over.

HP's merely the host of the app - and isn't anymore, with The Chubby Checker having been removed from the App Catalog over four months ago. The legal fees alone for this lawsuit will far outweigh any potential damages (legally allowed to by tripled), assuming the case isn't settled (unlikely) or thrown out all together (likely). If HP's made a whopping $30 off sales of The Chubby Checker, then developer Magic Apps has clocked a whopping $70. That's a potential damages award of $210! Totally worth another lawsuit, wouldn't you say?

And now for the most absurd part of this whole thing: it's a penis size app with a clever name. Aside from my being assured that there is no scientific evidence to support the shoe size to penis size correlation (You know what they say about guys with big feet? Big shoes.), it's a silly app that is getting infinitely more coverage now that it's no longer available and the subject of an ill-targeted lawsuit than it ever did when in the App Catalog.

Okay, really the most absurd part is the demand for half a billion dollars in damages. With all due respect to Mr. Evans, Chubby Checker will never be a brand worth five hundred million dollars. Seeking that much in the way of damages for an app that nobody had heard of until this ludicrous lawsuit was filed is, for lack of a better term, just plain silly.

Said Gary in a statement a prepared statement: "We cannot sit idly and watch as technology giants or anyone else exploits the name or likeness of an innocent person with the goal of making millions of dollars. The defendants have marketed Chubby Checkers' name on their product to gain a profit and this just isn't right."

I'll tell you what just isn't right: this ridiculous puffed up lawsuit. And maybe something with Mr. Gary, though we're not going to comment on his shoe size.

Source: TCPalm.com

26 Comments

***FAIR WARNING***

Watch what you post in the comments on this one. It might be about male endowments and all, but I don't want you all running around shouting "penis!" from the hills and getting snared in the spam filter.

Consider yourself warned.

Yup, stupid lawsuits over stupid things.

1. I've never heard of Chubby Checker, the singer.
2. I've never heard of Chubby Checker, the app.
3. The two instances of the words aren't even used the same. One is just a noun, and the other is an adjective and a noun. What if it's some other sort of checker, maybe for weight? Would the plaintiff complain about that?
4. Why HP? Why not bring it up with the developer instead? HP just hosts apps. They don't go out of their way to slander people.
5. Why sue? The app's no longer up, so this is just beating a dead horse from nearly half a year ago.

Here's a detail I've noted from the original article: '"The Chubby Checker," according to the lawsuit, has been offered since Oct. 6, 2006.' Yeah, right. I'm fairly sure Palm maintained an app store in 2006.

Yeah, feels like some lawyers are bored and have nothing to do. Maybe they're patent trolls too. I'd love to see them fight HP for some retarded thing (like how you have to drag an on-screen element to allow access to the device if the device was previously in an inactive state).

You've never heard of Chubby Checker? How do you do The Twist? O_o

C'mon evrybody!

I suspect Mr. Checker is getting taken for a ride by his lawyers. One thing is for sure, they will get paid for their time, it's all billable hours to them. "Yes, Chubby, you should definitely sue!"

I mean the name itself reminds me of fat guys little penisis a fat guy can have a big shoe but a tiny penis so

It's not April 1st yet.

I wear shoes like Sideshow Bob. so I never needed this app. :)
Wow triple damages will make those guys hundred-aires. And.. how in the heck did they ever find out about that app? A webOS app is pretty far under the radar, so I'm wondering if it was also on iOS or Android stores too.

@GMMan... I'm sure you've heard Chubby Checker's music, but just didn't associate a name.

http://www.youtube.com/watch?v=xbK0C9AYMd8

"Heh-heh....... Heh...... Heh-heh"

"Derrick said p3nis"

"Heh-heh..... Heh-heh...... Heh"

"Yeah....p3nis"

"Heh-heh-heh"

/Beavis & Butthead off

XD

I'm with Sanchez up there, April 1st is still a month and a half away. What the hell.

LMAO. It would be funny to run on the little drunk guy that is always picking the fight in the bar...
The guys with all the patents get sued for a .... measuring app. That is one way to get on the tech blogs I guess.
Hey HP Get Chubby to endorse. Use The twist as the new theme song. Perfect the Oreo keyboard motion so we can have a keyboard when wanted. Put in a processor that has clout with the gaming companies. Give it some of the new magic ram HP has,Facebook,navigation,music remix,synergy. Make it unlocked so we can pick our carrier so it works financially and logistically that would be a great reentry into the phone side of things. Lastly call Google out for the nexus orb and the big A out for a whole bunch of crap..

So they are actually paying a very expensive lawyer to get $90? Wow, that's ridicioulus!

It is very silly, but if you don't use/protect the trademark, then you lose it (so that is probably the reasoning). On the other hand, this application is not nearly widespread enough (100 downloads) to make him sue out of fear of losing his trademark. This is definitely his lawyers taking him for a ride, like others have said.

Sad publicity attempt.

I thought I was reading an article from the Onion at first.

These lawyers are obviously from Evan's time as they seem to have no concept of how technology works now, or app stores.

My favorite part is that they somehow think HP is actively pursuing a marketing campaign using the Chubby Checker name to make millions.

agreed, but damn if the news isnt funny, cant say ive heard of this bloke either, must be that famous eh.

if we are quote small time and unknown how did they find this app in the first place....???

Looks like the news was picked up by the AV club.

http://www.avclub.com/articles/chubby-checker-the-singer-who-doesnt-meas...

Though it seems they don't understand who makes apps...
["The Chubby Checker,” an app designed by Hewlett-Packard subsidiary Palm, Inc.]

But I think they saw the absurdity and were being facetious at the end, suggesting that no one will ever think of the word chubby when referring to penises, if the lawyers succeed.

(Actually, I bet that slang has been around longer than Chubby Checker himself. Maybe he even capitalized on the inference to have a subliminally suggestive stage name to attract the ladies to "do the twist". Wink, wink. Nudge, nudge. Know what I mean :-)

Anyway, thanks for the music Chubby, but you need to fire your lawyers for screwing you on this one...

The App Cat only had a few apps to begin with. And now a lawsuit? Seriously?

Any press for webOS is good press!

This is big news now, it made it all the way to the BBC and WebOSNation even got a mention in the story!

http://www.bbc.co.uk/news/technology-21471967

Also, the lawsuit is asking for $500M in damages! Give me a break...

What's the saddest part? HP will probably pay them a $100,000 just to go away. #freemoney

You all realize that Chubby Checker had been dead for many, many years...

He is very much alive... Olorin, you want to get sued too?!

and second of all .... HA HA HA @ this law suite... Ridiculous any court that allows this is a "Chubby Checker"!

It's amazing how few facts people know. Chubby Checker is very much alive and still making music. He just put out a new single "Changes" last week which is just amazing.

His name is trademarked since he is involved in various business endeavors. He sent a cease and desist letter telling Palm they could not use his name... it was ignored. He is a very religious man who found the app to be incredibly offensive. I don't know about you but if I were building a career on my name, I wouldn't want if out there on penis measuring apps either. It's a pitty that people need to attack someone just trying to do what he loves.

https://itunes.apple.com/us/album/changes-single/id600197622

I think someone should sue predatory lawyers for being predatory.

And sue the courts for taking stupid lawsuits.

And sue people for making stupid lawsuits.

Aw heck; I wonder what old 60's tunes I should listen to while I see if I can find an app to calculate my shoe size from my .....