Chubby Checker files $500m suit over penis size guessing app

Chubby Checker
Flickr/Phil Konstantin. Chubby Checker, also known as Ernest Evans.

South Philadelphia-bred rock-n-roll pioneer Chubby Checker is in a twist – and he’s not performing a rendition of the dance he popularized in the 1960s.

Checker, also known as Ernest Evans, has filed a $500 million trademark infringement lawsuit against Hewlett Packard and Palm, Inc. over a smartphone app previously offered through Palm’s app catalog. Titled the “Chubby Checker,” the program claims to calculate a man’s penis prowess based on their shoe size through a “foot to chubby converter.”

“This lawsuit is about preserving 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,” Evans’ attorney Willie Gary said in a statement.

“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.”

 

‘Obscene sexual connotation’

 

A complaint filed in federal court last week states the Earnest Evans Corporation registered Chubby Checker in 1997 as a trademark for musical sound recordings and performances and Evans’ company The Last Twist, Inc. has trademarked the stage name to market food products including “jerky, hot dogs, steaks, lamb chops, pork chops, veal chops, hamburgers, chicken, popped or processed popcorn, candy, chocolate and spring water.”

But apparently “adult entertainment” does not fall under that umbrella. An archived description of the “Chubby Checker” app reads:

“Any of you ladies out there just start seeing someone new and wondering what the size of there [sic] member is. Well now you can right now from your phone. All you need to do is find out the man’s shoe size and plug it in and don’t worry where your [sic] from because The Chubby Checker supports shoe measurements of different regions and types. Now with The Chubby Checker there is no need for disappointment or surprise…”

The complaint says the app’s title title “is likely to associate plaintiffs’ marks with the obscene sexual connotation and images evoked by defendants’ app ‘The Chubby Checker’” and that its use “causes the purchasing public and the trade to think that defendants’ goods are in some way sponsored, connected, owned or otherwise associated with the plaintiffs.” It claims that association “will diminish and destroy the positive associations the public has of the Chubby Checker name.”

 

Damages

 

The suit alleges that Evans’ law firm sent Hewlett Packard a cease and desist letter in early September, but that the infringement continues. Though the “Chubby Checker” appears on several websites listing apps for sale, it appears to be currently unavailable for download.

Evans is asking for $500 million in damages due to “the tarnishment and blurring of the distinctive quality” of the Chubby Checker brand, as well as “irreparable injury,” including lost revenue from items currently being sold under the now-allegedly-tarnished Chubby Checker name, as well as future earning losses.

He’s further seeking to recoup profits now-defunct developer Magic Apps made by using his name and damages in “the amount that the Chubby Checker name was deemed to have been worth to the defendants.”

The complaint asks the court that Palm and Hewlett Packard be made to destroy all devices, including computer hardware and software, files, servers and advertising materials, that bear the “Chubby Checker” name and to delete reference to the app from all online directories, including internet search engines.



News
Entertainment
Sports
Lifestyle
Local

MAP: New York City Street Closures August 22,…

The Percy Sutton Harlem 5K and NYC Family Health Walk-a-thon and Pakistan Day Parade and Fair will cause traffic delays and street closures in New York City this weekend. Plan…

International

U.N. nuclear inquiry on Iran seen making slow…

The U.N. nuclear watchdog appears to have made only limited progress so far in getting Iran to answer questions about its suspected atomic bomb research, diplomatic sources said on Friday,…

National

Violence-weary Missouri town sees second night of calm

By Nick Carey and Carey GillamFERGUSON Mo. (Reuters) - The violence-weary town of Ferguson, Missouri, saw a second straight evening of relative calm on Thursday…

National

Journalist James Foley's parents, after call with pope,…

The parents of James Foley, the American journalist killed by Islamic State militants in Iraq, on Friday called for prayer and support to free the remaining captives held by Islamic…

Music

Webcast: Watch Polyphonic Spree live on Sunday Aug.…

Polyphonic Spree singer Tim DeLaughter sits with Metro Music Editor Pat Healy for a chat and then the big band performs live. It begins on Sunday at 9:30 pm

Movies

Michael Chiklis on his football past and 'When…

Michael Chiklis remembers playing football in high school and how that prepped him to play a coach in "When the Game Stands Tall."

Movies

Review: 'When the Game Stands Tall' is both…

The high school football saga "When the Game Stands Tall" fumbles around for a focus while Jim Caviezel offers the most low-key coach in history.

Movies

Girlfriend in a coma: Chloe Grace Moretz

Chloe Grace Moretz is the best cheerleader "If I Stay" could ask for. As the star of the film adaptation of the successful YA novel…

NFL

Fantasy football draft guide: How to draft your…

Many are wondering if we’re entering a new age in fantasy football drafting — one where running backs take a backseat.

NFL

Jets vs. Giants: 3 Giants storylines to watch

The Giants have plenty to work on as they reach the dress rehearsal preseason game Friday night against the rival Jets.

NFL

Jets vs. Giants: 3 Jets storylines to watch

Metro looks at three Jets storylines to watch as they play the Giants Friday.

NFL

Giants expected to work Corey Washington into first-team…

The day of reckoning for the Giants' fringe players will fall upon them Friday night against the Jets.

Sex

Big weddings may lead to long-term happiness

Dreaming of a big wedding? A new study indicates that the longer your guest list, the happier you’ll be in the long run. l A…

Sex

Online dating for every generation

Frank Jackson and his mother Maggie are like lots of modern families: They have dinner together regularly, keep each other updated on their lives —…

Wellbeing

Going green could be the key to getting…

If we could just pursue the things that would actually make us happy, we could help the environment too, according to a New York researcher.…

Tech

Siren: A new dating app that puts women…

Online dating can be brutal, especially for single women. Noting that many women hate wading through inappropriate messages and photos, two tech entrepreneurs decided to…