Sixties rock-and-roller Chubby Checker (pictured), who took the nation by storm with his classic hit, “The Twist,” is suing tech giant Hewlett-Packard (HP) over a novelty app for Palm OS of the same name that claims to check the size of a man’s “chubby.” The singer is seeking damages in excess of half a billion dollars reports NBC News.
Checker, whose actual name is Ernest Evans, filed the lawsuit in a St. Lucie County Florida federal court. The 71-year-old is claiming that he does not want his stage name associated with anything that is “degrading and derogatory” in nature such as the penis measuring app. He contends that the app is tarnishing the image he has worked so hard to build and maintain for over 50 years.
According to the lawsuit, Checker has received “no compensation for the unauthorized use of the Chubby Checker name and trademark.” The legal document also demands that HP put a stop to selling anything that has Checker’s trademarked name or likeness.
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The sexual technical program which was reportedly downloaded only 84 times was removed from the market last September. In addition, HP did away with anything even remotely connected to the app such as the hardware, tablets, smartphones for the operating system that ran it in August 2011.
Famed attorney Willie Gary, who has fought some of the nation’s top corporate giants has taken on Checker’s case and says in a released statement, “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,” commented 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,” says Gary.
Well, is “daddy really sleepin’ when mama ain’t around.”