UPI en Español  |   UPI Asia  |   About UPI  |   My Account
Search:
Go

Chubby Checker sues over 'Chubby Checker' penis-measuring app

Chubby Checker is suing HP and Palm over the 'Chubby Checker' WebOS app that purports to measure a man's penis based on his shoe size.
|
 
Here in this 1985 photo, Chubby Checker brings back the Twist during a concert. The singer is currently suing HP and Palm for copyright infringement after the firms hosted a 'Chubby Checker' endowment estimator app. (UPI Photo/Files)
Here in this 1985 photo, Chubby Checker brings back the Twist during a concert. The singer is currently suing HP and Palm for copyright infringement after the firms hosted a 'Chubby Checker' endowment estimator app. (UPI Photo/Files) 
License photo
Published: Feb. 15, 2013 at 9:05 AM
By KRISTEN BUTLER, UPI.com

Attorney Willie Gary has filed a federal lawsuit in the United States District Court, Florida's Southern District, against HP and Palm on behalf of performer Ernest Evans over the firms' hosting of an app titled "The Chubby Checker." The app, a play on the stage name of Mr. Evans, was created by developer Magic Apps, was designed as a calculator for estimating the penis size of a man given the input of his shoe size. Chubby Checker, the singer, was a pop icon of the fifties and is perhaps best known for his cover of "The Twist."

From a statement released by his lawyers:

"We cannot sit idly and watch as technology giants or anyone else exploits the name or likeness of an innocent person with the goal of making millions of dollars. The Defendants have marketed Chubby Checkers' name on their product to gain a profit and this just isn't right."

71-year-old Checker is demanding $500 million in damages to the dignity of his brand, yet as WebOS Nation points out, the app was downloaded only 84 times and cost a mere 99 cents. It was taken down in September of 2012, and WebOS Nation estimates the combined profits of HP and the creators, the now defunct MagicApps, might have been a whopping $100.

The statement also notes that Gary and his team are "no stranger" to winning big corporate settlements.

"In 1995, a jury awarded Gary and his legal team a record-breaking, half-billion dollars against one of the world's largest funeral chains, The Loewen Group. In addition, Gary is noted for winning a $240 million jury verdict in Orange County against the Walt Disney Corporation for his clients who alleged that Disney stole their idea for a sports theme park. In 2001, a jury awarded Gary a $139.6 million verdict for the Maris Distributing Company against Anheuser Busch."

Palm's WebOS platform has a market share that has hovered around just 1 percent for the last couple years, with no indication of coming anywhere close to Google's Android or Apple's iOS in the near future. While the 'Chubby Checker' app might have caused a half billion in damages on a more ubiquitous platform, it seems unlikely we'll see such a high payout from HP.

Recommended Stories
© 2013 United Press International, Inc. All Rights Reserved. Any reproduction, republication, redistribution and/or modification of any UPI content is expressly prohibited without UPI's prior written consent.

Order reprints
Join the conversation
Most Popular Collections
'Star Trek Into Darkness' screening NBC upfronts Met Ball 2013
'Great Gatsby' premieres in New York Spire raised on top of One WTC 2013: Celebrity break ups and divorces
1 of 16
Flags-In Ceremony at Arlington National Cemetery
View Caption
Staff Sgt. Jeffrey Roskos with the 3rd U.S. Infantry Regiment, "The Old Guard," participates in the annual Flags-In ceremony, May 23, 2013, at Arlington National Cemetery in Arlington, Virginia. Soldiers place American flags in front of more than 260,000 gravestones in the cemetery in honor of Memorial Day. UPI/Kevin Dietsch
fark
Is it possible to have a library with no books? Yup
The Skagit River Bridge, which is part of Interstate 5, has collapsed in Washington. People and...
Worst butt dial ever
Stalking a 15-year-old pupil for two straight years will get you banned from teaching for life....
Proof that Heinz sight is 20/20, investors are pouring money into condiment futures instead of bonds...
Man files lawsuit to have President Obama declared Kenyan. The man is currently serving a 17 year...