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Chubby Checker sues HP over manhood app
NBC News ^ | February 15, 2013 | Devin Coldewey

Posted on 02/17/2013 12:45:17 PM PST by billorites

Chubby Checker, the musician best known for his 1960 hit recording of "The Twist," is suing HP over a novelty app for Palm OS of the same name that claims to check the size of your "chubby." The sum sought is a mind-boggling half a billion dollars.

The rock-and-roll star, whose real name is Ernest Evans, filed the suit this week in a Florida federal court, simultaneously releasing a statement describing the reasoning behind the suit. Willie Gary, an attorney who has already chalked up a number of large-sum legal wins, says that the app has caused "irreparable damage" to Evans' reputation and legacy.

"Chubby Checker" was a $0.99 app originally made for Palm OS (which was abandoned in 2009 in favor of Palm's WebOS). It allowed users to input the size of a male subject's feet and receive, in return, an estimation of the size of that guy's genitalia. For entertainment purposes only, of course.

Such novelty apps are now commonplace, naturally, as is the understanding that such apps are developed by companies or developers totally independent of the larger corporations that offer them in App Stores, such as Apple or Google. Takedown requests for apps that abuse copyrights or trademarks are also commonplace, although going after damages is uncommon — and damages of this scale are unheard-of.

The suit and supporting documents can be read here (PDF), and readers can form their own opinions as to its merit. But factor this in: Though the $500 million requested in the suit includes compensation for damage to reputation and other measures, the app itself was a dud. According to records at unofficial Palm app archival site House of Palm, it was downloaded only 84 times, potentially netting the parent company a grand total of around $25.

(Excerpt) Read more at nbcnews.com ...


TOPICS: News/Current Events
KEYWORDS: music

1 posted on 02/17/2013 12:45:21 PM PST by billorites
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To: billorites; a fool in paradise; Slings and Arrows
Here he is with the members of the Grateful Dead.


2 posted on 02/17/2013 12:50:02 PM PST by Revolting cat! (Bad things are wrong! Ice cream is delicious!)
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To: billorites; a fool in paradise; Slings and Arrows
I remember Chubby's (if that's his real name) biggest hit "Let's Limbo Some More (The Way We Did It The Previous Autumn)"!.


3 posted on 02/17/2013 12:53:27 PM PST by Revolting cat! (Bad things are wrong! Ice cream is delicious!)
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To: Revolting cat!

Memo for Mr. Checker: The first rule of exaggeration is to always remain within plausible limits.

4 posted on 02/17/2013 12:55:13 PM PST by billorites (freepo ergo sum)
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To: billorites

Right because the name Chubby was never ever used before the 1960 twist phenomenon.

I remember the film FATSO with Dom Deluise in the 1980s They belonged to a weight watchers style organization called “Chubby Checkers”. Wonder if he suid Brooksfilms over that.

This reminds me of Spike Lee Suing Spike TV.


5 posted on 02/17/2013 12:55:28 PM PST by Vaquero (Don't pick a fight with an old guy. If he is too old to fight, he'll just kill you.)
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To: billorites

I wish I could sue HP for their crappy laptops and printers.


6 posted on 02/17/2013 12:56:06 PM PST by dfwgator
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To: billorites

Harm so irreparable that I bet almost know one here even heard about this app until they read this story.


7 posted on 02/17/2013 12:56:51 PM PST by Secret Agent Man (I can neither confirm or deny that; even if I could, I couldn't - it's classified.)
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To: billorites

OFPS! Chubby, get a life. The word “chubby” is an English word in the public domain. Is there a picture of you on the app?


8 posted on 02/17/2013 12:57:58 PM PST by SkyDancer (Live your life in such a way that the Westboro church will want to picket your funeral.)
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To: billorites

I guess Stupidity can get “FAT” or even “Chubby”...


9 posted on 02/17/2013 12:58:45 PM PST by hosepipe (This propaganda has been edited to include some fully orbed hyperbole..)
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To: billorites

Ps - give Chubby the $25 and call it good.


10 posted on 02/17/2013 12:59:10 PM PST by SkyDancer (Live your life in such a way that the Westboro church will want to picket your funeral.)
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To: billorites

Who’d Chubby pay for the right to use that part of the name?


11 posted on 02/17/2013 1:01:33 PM PST by SkyDancer (Live your life in such a way that the Westboro church will want to picket your funeral.)
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To: billorites

Whoever gave Ernest Evans his nick stole the idea from Fats Domino.


12 posted on 02/17/2013 1:02:33 PM PST by Revolting cat! (Bad things are wrong! Ice cream is delicious!)
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To: billorites

I almost feel like I know that guy. Used to drive past his house (in Malvern, PA) every day on my way to work. Used to see him fetching his newspaper from the driveway. My cousin once totaled his car on Chubby’s front lawn (drunk driving), and years later my ex-GF hit some black ice and totaled her car on his lawn too.


13 posted on 02/17/2013 1:05:38 PM PST by Cementjungle
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To: billorites

Anyone who wrings the neck of Apple is a hero in my book.


14 posted on 02/17/2013 1:13:33 PM PST by Hardraade (http://junipersec.wordpress.com (Vendetta))
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To: Revolting cat!

There are no Dead in that photo.


15 posted on 02/17/2013 1:16:14 PM PST by Last of the Mohicans
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To: Cementjungle
My cousin once totaled his car on Chubby’s front lawn (drunk driving), and years later my ex-GF hit some black ice and totaled her car on his lawn too.

Holy crap! That's a remarkable story, especially in light of your nickname...lol

16 posted on 02/17/2013 1:17:14 PM PST by Fightin Whitey
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To: billorites

"What time is it?"

(As in "pony up some cash!")

17 posted on 02/17/2013 1:19:15 PM PST by Revolting cat! (Bad things are wrong! Ice cream is delicious!)
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To: Hardraade
Anyone who wrings the neck of Apple is a hero in my book.

Knee-jerk reaction of an Apple-hater? He's suing HP, and the app is a non-Apple app not handled by Apple or used on any Apple device. So wring HP's neck.

18 posted on 02/17/2013 1:22:53 PM PST by roadcat
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To: Last of the Mohicans
No, but here you are Captain Obvious. What took you so long? Been twistin?


19 posted on 02/17/2013 1:22:59 PM PST by Revolting cat! (Bad things are wrong! Ice cream is delicious!)
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To: Cementjungle

Chubby is an anti social jerk. My B-in-law lives in Malvern PA a couple of houses away from Chubby. Chubby calls the POlice on Christmas Carolers.


20 posted on 02/17/2013 1:28:20 PM PST by whitedog57
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To: billorites

That’s a few more downloads than that video Obama claimed caused the Benghazi massacre.


21 posted on 02/17/2013 1:28:42 PM PST by gitmo ( If your theology doesn't become your biography it's useless.)
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To: Revolting cat!

If it was so obvious to you, why post it in the first place.


22 posted on 02/17/2013 1:37:45 PM PST by Last of the Mohicans
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23 posted on 02/17/2013 1:39:58 PM PST by RedMDer (Support Free Republic)
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To: Secret Agent Man

And I hadn’t heard or thought a thing about Chubby Checker in about 8 to 10 years until I read this story.


24 posted on 02/17/2013 1:44:33 PM PST by christx30 (Freedom above all.)
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To: billorites
Chubby twistin at the White House with the First Lady.


25 posted on 02/17/2013 1:49:52 PM PST by Revolting cat! (Bad things are wrong! Ice cream is delicious!)
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To: billorites

For someone who’s name is a mimic of Fats Domino he is awfully sensitive about copyright infringement.


26 posted on 02/17/2013 2:14:11 PM PST by Brooklyn Attitude (Obama being re-elected is the political equivalent of OJ being found not guilty.)
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To: roadcat

Yep :). But never fear, HP is almost as bad as Apple.


27 posted on 02/17/2013 2:23:10 PM PST by Hardraade (http://junipersec.wordpress.com (Vendetta))
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To: billorites

28 posted on 02/17/2013 2:29:07 PM PST by JoeProBono (A closed mouth gathers no feet - Mater tua caligas exercitus gerit ;-{)
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To: dfwgator

Their desktops are nothing to write home about either . Nothing but trouble .


29 posted on 02/17/2013 2:32:29 PM PST by sushiman
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To: JoeProBono

30 posted on 02/17/2013 2:37:46 PM PST by Revolting cat! (Bad things are wrong! Ice cream is delicious!)
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To: Vaquero

If he has any kind of copyright protection of his name, he would have a case. Remember, Sarah and Bristol Palin both copyrighted/trademarked their names, or at least applied to get that protection for the use of their names.


31 posted on 02/17/2013 2:47:48 PM PST by EDINVA
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To: Revolting cat!; Slings and Arrows
Here he is with the members of the Grateful Dead.

Did they all sing Chubby's song Stoned In The Bathroom together?

http://www.youtube.com/watch?v=V5O2haYtQlk

32 posted on 02/17/2013 3:24:18 PM PST by a fool in paradise (America 2013 - STUCK ON STUPID)
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To: Revolting cat!
Whoever gave Ernest Evans his nick stole the idea from Fats Domino.

Blame Dick Clark who took a man who was pushing a broom and got him to cover Hank Ballard's song The Twist before it could become a hit. Dick hated Hank Ballard and his "dirty songs" so he found a sound-alike performer. Chubby's cover sounded enough like Hank's original that Hank did a double-take when he heard it on the radio.

It was Clark’s wife who completed his recording name. There was already a Fats Domino, so why not continue the game theme? Because of the Clarks, the world was introduced to a singer named Chubby Checker.

33 posted on 02/17/2013 3:31:57 PM PST by a fool in paradise (America 2013 - STUCK ON STUPID)
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To: billorites

Just for the record, my feet are larger than John Holmes’s were...(ahem)

Tort reform. The US, it needs. /Joda


34 posted on 02/17/2013 3:46:16 PM PST by Moltke ("I am Dr. Sonderborg," he said, "and I don't want any nonsense.")
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To: EDINVA
If he has any kind of copyright protection of his name, he would have a case.

Not necessarily. Remember, a trademark only offers protection for specific goods/services (there are 45 distinct classes of goods and services). Something a lay person easily overlooks.

And protection for any goods/services that have not been in use for a specified time are void by statute.

35 posted on 02/17/2013 3:59:49 PM PST by Moltke ("I am Dr. Sonderborg," he said, "and I don't want any nonsense.")
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To: EDINVA

“are void” = is void.


36 posted on 02/17/2013 4:03:07 PM PST by Moltke ("I am Dr. Sonderborg," he said, "and I don't want any nonsense.")
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To: Revolting cat!

Hahaha.


37 posted on 02/17/2013 5:39:49 PM PST by funfan
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To: billorites
He may be filing silly lawsuits these days, but Chubby Checker was rocking the airwaves during the Cuban Missile Crisis:

Popeye (the Hitchhiker) (1962)

38 posted on 02/17/2013 6:38:03 PM PST by Fiji Hill (Io Triumphe!)
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To: Revolting cat!
I saw Chubby Checker and Fats Domino perform in Las Vegas in February, 1991. It was Checker who announced to the audience the armistice that concluded the first Iraqi War.

Although Fats Domino didn't sing, he put on a virtuoso performance on the piano, and he was backed by a band of solid rockers. Checker's performance was OK, but this was clearly not the Chubby Checker of 1960.

39 posted on 02/17/2013 6:43:16 PM PST by Fiji Hill (Io Triumphe!)
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