Chubby Checker Sues Over The Chubby Checker

Andy Chalk

One Flag, One Fleet, One Cat
Nov 12, 2002
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Chubby Checker Sues Over The Chubby Checker


Rock legend Chubby Checker is suing Hewlett-Packard over The Chubby Checker, a Palm OS app that purports to measure the size of a man's junk.

Believe it or not, there is still a functioning "App Gallery" for Palm WebOS devices, and until September 2012 one of the apps it listed was The Chubby Checker, a handy little program meant to take the guesswork out of determining the size of a man's unit. "All you need to do is find out the man's shoe size and plug it in, and don't worry where you're from because The Chubby Checker supports shoe measurements of different regions and types," a cached copy of the app description states. "Now with The Chubby Checker there is no need for disappointment or surprise!"

Handy stuff for sure, but Ernest Evans, better known to the world as Chubby Checker, the singer behind the 1960 hit "The Twist," is not happy. He's filed a lawsuit against Hewell-Packard and Palm claiming that people are likely to associate his name, on which he's held a trademark since 1997, with the app's "sexual connotation and images," and that users "are being misled into believing that the plaintiffs have endorsed" the app. The suit demands that HP and Palm halt sales of The Chubby Checker and seeks triple damages of profits derived from sales of the app.

"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," said lawyer Willie Gary. "The defendants have marketed Chubby Checkers' name on their product to gain a profit and this just isn't right."

Despite the excited claim of "millions of dollars," The Chubby Checker was reportedly downloaded a whopping 84 times before it was pulled from the Gallery; at a buck a pop, that represents actual damages, when tripled, just shy of $260. Nonetheless, Gary is seeking $500 million in his lawsuit - that's right, a half-billion dollars. HP has not commented except to say that the application was removed from the App Gallery last year.

Sources: Appitalism [http://ca.appitalism.com/app/palm-webos/245057-the-chubby-checker-beta/]


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Legion

Were it so easy
Oct 2, 2008
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It's funny because I'd never get these mixed up as I hadn't heard of either of them before this.

... and $500 million in a lawsuit for something that didn't even make a thousand? People are crazy.
 

Loop Stricken

Covered in bees!
Jun 17, 2009
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Man, these things are so much crap.

My shoes might as well be boats, but my pe--- I mean, yeah man shit is super effective. Like, size thirteen Nikes or something. Ladies.
 

Candidus

New member
Dec 17, 2009
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Who's this guy? Ernest who? "Better known as Chubby Checker"?

Oh right, a 60's "hit", so he's a fossil then. And apparently a delusional asshole. Who's going to associate the 'brand' of a forgotten man - insofar as a forgotten man can have one - with anything? I've never heard of him and his lawsuit is absurd.

The App is stupid, harmless fun for whoever can find amusement at that level. This is just harassment via litigation.
 

Arkley

New member
Mar 12, 2009
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This raises numerous questions, questions related to life itself, questions such as;

Chubby Checker is still alive?
Palm OS is still alive?
People who make apps for Palm OS are still alive?
 

Lonewolfm16

New member
Feb 27, 2012
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Listen, Chubby, your name (fake name that is) is made of of two common terms. Chubby (stout, fat, male genetalia particulairly erect) and checker (a type of pattern, a person or device which "checks" or investigates something). You do not own these words. They are perfectly allowed to use the english langue. Also who in the name of the Allfather are you? Nevermind, I don't want to know.
 

Quellist

Migratory coconut
Oct 7, 2010
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Shame on Chubby for the frivolus lawsuit. But i could almost forgive him considering its brought this hilarious app to my attention, i cant look at that 'Check Da Chubby' pic without smirking.
 

Lazy Kitty

Evil
May 1, 2009
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Well, half a billion is a lot of money, but they were giving him a bad name by associating his name/tradmark with something like that.
And HP has lots and lots of money, so yes, I think that would be a proper punishment.

Good thing lawsuits aren't like pokemon battles.
Otherwise they'd lose half of what they've got, if they lost.
 

evilneko

New member
Jun 16, 2011
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I have never heard of "chubby" being used as a slang term for a man's three piece set.
 

DragonWright

New member
May 25, 2009
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Chubby Checker? Never heard of him. If he owns the rights to his stupid name, I suppose I'd support him in having the app pulled until they renamed it. That said, in a sane court the case would go something like this.

Lawyer: "We demand five hundred thousand dollars-"

Judge: "GTFO. Case dismissed."
 

Baldr

The Noble
Jan 6, 2010
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Blablahb said:
Oh look, another American 'I happen to copyright something unrelated which sounds a bit the same, let's try and extort a lot of money from people' type lawsuit.
Not copyright, trademark, there is a huge difference in terms of things.
 

Adam Jensen_v1legacy

I never asked for this
Sep 8, 2011
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These ridiculous lawsuits demonstrate perfectly in what a pathetic state our society is. Everybody wants to be filthy rich without having to work for it. And it's never enough for some people.