According to a press release, lawyers representing Chubby Checker, the rock n’ roll pioneer responsible for the dance craze known as “The Twist,” are suing Hewlett Packard and its subsidiary Palm over their app called “The Chubby Checker.” The app estimates the size of a man’s erect penis, known colloquially to some as a “chubby,” based on his shoe size.
Checker’s lawyers said that the app has done “irreparable damage and harm” to the Checker’s reputation and that of his company. The suit is being filed under Checker’s real name, which is Ernest Evans. The app’s site holds that the app is actually meant for women. As they wrote:
Any of you ladies out there just start seeing someone new and wondering what the size of there [sic] member is. 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…
Checker’s lawyer, Willie Gary, said in the press release, “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.” Gary continued, “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 application has only been downloaded 84 times, which doesn’t seem like much but is apparently enough to spark a multi-million dollar lawsuit. Checker’s lawyers say that his name has been trademarked for his own musical and business endeavors, and that users may mistakenly believe that Checker has given the app his endorsement. The 71-year-old musician has not received any compensation, monetary or otherwise, for the use of his trademarked name. When WebOSNation confronted HP on the issue, they said “The application was removed in September 2012 and is no longer on any Palm or HP hosted web site.”
Checker’s lawyers have won some serious cases before, even coaxing $240 million out of the Walt Disney Corporation. Even despite their track record, this case doesn’t have much to go on since the app isn’t even available anymore. It’s still pretty funny to think about, though.
See Checker performing his iconic 1960s dance in the clip below, or see him at the Resorts Casino Hotel in Atlantic City this weekend (Feb. 16) if you’re in the area.