Singer Chubby Checker files lawsuit over racy app - FOX 8 WVUE New Orleans News, Weather, Sports

Singer Chubby Checker files lawsuit over racy app

AP Photo/Jacqueline Larma AP Photo/Jacqueline Larma

ST. PETERSBURG, Fla. (AP) - Rock and roll legend Chubby Checker is twisting mad over a software application that allowed women to estimate the size of a man's penis based on his shoe size.

The singer, whose real name is Ernest Evans, filed a trademark infringement lawsuit against Hewlett Packard and Palm Inc. in federal court in Fort Pierce, Fla., on Tuesday, saying that the app "adversely affects Chubby Checker's brand and value."

The app, which was called "The Chubby Checker," was an unauthorized use of Checker's name and trademark, the lawsuit alleges.

"He's hurt," said Checker's attorney Willie Gary. "He worked hard to build his name and reputation over the years."

The app is no longer available.

Checker, who is 71 and lives in Pennsylvania, is seeking a half-billion dollars in damages and restitution.

HP issued a brief statement about the matter on Thursday.

"The application was removed in September 2012 and is no longer on any Palm or HP hosted web site," wrote Michael Thacker, HP's director of corporate media relations.

He told The Associated Press that the app was removed the same month that Gary sent a cease-and-desist letter to the companies on behalf of Checker.

It's unclear how long the 99-cent app was available to customers.

According to the industry website WebOSNation, the app sold fewer than 100 copies.

The app was not developed by HP or Palm; it was developed by a third-party. The app developer is not named in the lawsuit.

"We're going straight to the source," said Gary.

According to court documents, the lawsuit was filed in Florida because HP and Palm do business in the state.

Checker did not give permission or receive compensation from the app, which purported to be for entertainment purposes only.

The lawsuit said that Checker has received patents and trademark licenses for his name to be used for a line of snacks and other food products.

Checker's song, "The Twist" was at the top of the Billboard charts for 18 weeks in 1960 and became an iconic tune of the era. 


Follow Tamara Lush on Twitter at

(Copyright 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)

2/14/2013 5:38:42 PM (GMT -6:00)

Powered by WorldNow

Louisiana Media Company, LLC.
1025 S. Jefferson Davis Parkway
New Orleans, LA 70125

General Number: (504) 486-6161
News Tips: (504) 483-1503
News Room Fax: (504) 483-1543

Can't find something?
Powered by WorldNow
All content © Copyright 2000 - 2014 WorldNow and WVUE. All Rights Reserved.
For more information on this site, please read our Privacy Policy and Terms of Service.
WVUE's Public Inspection File can now be accessed online. To access the online public inspection file click here: