AP Photo WASHINGTON (AP) - A popular tune by Simon and Garfunkel written…
- Posted on Feb 13th 2013 12:30PM by Jason MacNeil
Bill McCay, Getty
According to a press release issued yesterday, the suit filed late Monday evening claims Hewlett-Packard's application has done "irreparable damage and harm" to Chubby Checker and his company. The term "chubby" in the Online Slang Dictionary means an erection.
"Any of you ladies out there just start seeing someone new and wondering what the size of there (sic) member is," the application's promo says on the House Of Palm site. "All you need to do is find out the man's shoe size and plug it in and don't worry where your (sic) from because The Chubby Checker supports shoe measurements of different regions and types. Now with the Chubby Checker there is no need for disappointment or surprise..."
The site also contains some screen shots of the application with different imperial and metric measurement options available. The application has been downloaded 84 times.
The TCPalm reports "The Chubby Checker" had been available as an application from the Palm APP Catalog which sells apps for Palm smartphones. Checker's lawsuit -- which was filed under the artist's real name (Ernest Evans) -- claims the name "Chubby Checker" is trademarked by Ernest Evans Corp. for the musician's business interests.
"Defendants' use of the name 'Chubby Checker' in its app is likely to associate plaintiff's (trade) marks with the obscene, sexual connotation and images," the lawsuit claims, adding the app is "blurring and tarnishing" the singer's trademark. And lawyers for Checker state those using the application might believe the singer has endorsed it when he has not.
"This lawsuit is about preserving the integrity and legacy of a man who has spent years working hard at his musical craft and has earned the position of one of the greatest musical entertainers of all time," lawyer Willie Gary, who is representing Checker, said. "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."
The suit, filed in St. Lucie County Federal Court, also says that despite numerous attempts to try and stop the app from continuing, Hewlett-Packard refused to dismantle the operation and thus "continues to perpetuate degrading and derogatory content directly linked to Chubby Checker." The suit also says the 71-year-old Checker has received no compensation from the unauthorized use of his trademark and name regarding the app.
According to tech site WebOSNation Hewlett-Packard issued a brief statement regarding Checker's lawsuit when WebOSNation inquired.
"The application was removed in September 2012 and is no longer on any Palm or HP hosted web site," the company said.
Checker, best known for his hit "The Twist," still occasionally performs. The musician is slated to appear this Saturday (Feb. 16) at the Resorts Casino Hotel in Atlantic City.