Skip to comments.Chubby Checker sues HP over manhood app
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"Chubby Checker" was a $0.99 app originally made for Palm OS (which was abandoned in 2009 in favor of Palm's WebOS).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 ...
Memo for Mr. Checker: The first rule of exaggeration is to always remain within plausible limits.
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.
I wish I could sue HP for their crappy laptops and printers.
Harm so irreparable that I bet almost know one here even heard about this app until they read this story.
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?
I guess Stupidity can get “FAT” or even “Chubby”...
Ps - give Chubby the $25 and call it good.
Who’d Chubby pay for the right to use that part of the name?
Whoever gave Ernest Evans his nick stole the idea from Fats Domino.
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.
Anyone who wrings the neck of Apple is a hero in my book.
There are no Dead in that photo.
Holy crap! That's a remarkable story, especially in light of your nickname...lol
"What time is it?"
(As in "pony up some cash!")
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.
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.
That’s a few more downloads than that video Obama claimed caused the Benghazi massacre.
If it was so obvious to you, why post it in the first place.
And I hadn’t heard or thought a thing about Chubby Checker in about 8 to 10 years until I read this story.
For someone who’s name is a mimic of Fats Domino he is awfully sensitive about copyright infringement.
Yep :). But never fear, HP is almost as bad as Apple.
Their desktops are nothing to write home about either . Nothing but trouble .
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.
Did they all sing Chubby's song Stoned In The Bathroom together?
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 Clarks 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.
Just for the record, my feet are larger than John Holmes’s were...(ahem)
Tort reform. The US, it needs. /Joda
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.
“are void” = is void.
Popeye (the Hitchhiker) (1962)
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.