Chubby Checker sues HP over app that guesses penis size

'Chubby checker' Palm app was downloaded only 84 times but 'threatens singer's legacy'

LAST UPDATED AT 15:03 ON Thu 14 Feb 2013

ROCK'N'ROLL legend Chubby Checker has filed a lawsuit against computer giants Hewlett Packard and its subsidiary Palm over an application that estimates the size of a man's penis.
 
Lawyers for the 71-year-old singer, whose real name is Ernest Evans, said they were taking action in an effort to preserve "the integrity and legacy of a man who has spent years working hard at his musical craft and has earned the position of one of the greatest musical entertainers of all time".
 
The app, for devices running the Palm OS, was called The Chubby Checker - chubby being a slang term for penis - and guessed the size of anyone's manhood based on their shoe size. According to tech website WebOS Nation, it was downloaded only 84 times before it disappeared from sale in September 2012.
 
The lawsuit, filed on behalf of the singer by the inappropriately-named attorney Willie Gary, points out that Checker trademarked his name in 1997 and goes on to claim that the app associates him with "obscene, sexual connotation and images".
 
Said Gary: "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.”
 
According to The Guardian, Checker, who is credited with popularising the 1960s dance-craze the Twist, is demanding "all profits" from the app. He apparently believes he could be in line for a $500m payout but, as the paper notes, 84 downloads at 99c each suggests he will get rather less.
 
WebOS Nation was unimpressed by the legal challenge. "It's a silly app that is getting infinitely more coverage now that it's no longer available and the subject of an ill-targeted lawsuit than it ever did when in the App Catalog," it said. · 

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