Trademark Law

Chubby Checker lawsuit over raunchy smartphone app can go forward


Chubby Checker. S. Kuelcue /

A trademark lawsuit filed by entertainer Chubby Checker focused on a smart phone app of the same name, can go forward, U.S. District Judge William Alsup ruled Friday.

The app in question reportedly estimates the size of a man’s genitals based on his shoe size, Reuters reports. Hewlett Packard, the defendant, and its Palm unit claim that they did not create the app in question. The San Francisco court rejected the defense argument that the plaintiff, whose real name is Ernest Evans, didn’t make a claim that HP knew about the infringement in question. Michael Thacker, an HP spokesman, told Reuters that the app was not created by the company, and it was removed from “any Palm or HP hosted website” in September 2012.

Checker, known for songs including “The Twist, “The Hucklebuck” and “Pony Time,” is asking for $500 million in damages. According to a case management statement shared by the Hollywood Reporter, settlement talks are ongoing.

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