Chubby Checker is a legend of the early days of rock and roll, but he has different things on his mind these days. The singer has filed a lawsuit against technology company Hewlett-Packard over a smartphone app it calls "The Chubby Checker."
While one might think the name is a term of endearment, the app actually has nothing to do with the musician or his music. The app "reportedly estimates a man's penis size based on his shoe size," said Kyle McGovern with Spin magazine.
Checker said he has tried numerous times to either get the app off the market or get the name changed.
"Despite numerous attempts to cease the 'app,' Hewlett Packard refused to dismantle the operation and, therefore, continues to perpetuate degrading and derogatory content directly linked to Chubby Checker," said McGovern. "The 'app' adversely affects Chubby Checker's brand and value and if allowed to continue, will cause serious damage to the Plaintiff's goodwill and will tarnish his image that he has worked to maintain over the last 50 years."
Checker, whose real name is Ernest Evans, has trademarked the name "Chubby Checker."
"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," says the lawsuit. “Purchasers of 'The Chubby Checker' app and non-purchasing browsers of the associated Web page are being misled into believing that plaintiffs have endorsed defendant's app."
The app has reportedly only been downloaded 84 times and is meant for women dating someone new who are attempting to guess "the size of there [sic] member." (No wonder it's only been downloaded 84 times.)
"Checker's suit states that he has received no compensation for the unauthorized use of his name and trademark, and demands 'all profits,'" said McGovern.
Checker said he is most concerned that the people who have seen or downloaded the app (all 84 of them) might think he is associated with the product.
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