Judge says Chubby Checker can pursue lawsuit against HP over penis-measuring app
27 08 2013A federal judge has ruled that Chubby Checker can move forward with his lawsuit to sue Hewlett-Packard (HP) over trademark violations regarding his iconic name.
Earlier this year, Checker—whose real name is Ernest Evans—sued HP and its subsidiary, Palm, over an app that purported to measure a man’s penis based on his shoe size. HP allowed “The Chubby Checker” on its HP App Catalogue in October 2006. It was not removed until September 2012, and it was apparently only downloaded (at the low price of 99 cents) fewer than 100 times.
“The complaint alleges that the app catalog maintained by defendants advertised the lascivious nature of the app and that defendants ‘maintained primary control over the use of the name and mark ‘The Chubby Checker’ in connection with… the offending app,’” Judge William Alsup wrote (PDF) in his six-page order on Thursday.
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