Attorney Willie Gary of Stuart, Florida, 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 Silicon Valley firms' hosting of an app titled "The Chubby Checker" hosted in the webOS App Catalog. The app, a play on the stage name of Mr. Evans - Chubby Checker, 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.
The app was downloaded 84 times before being removed from the App Catalog in September of 2012 and no longer available in the store on device or in the App Catalog web listings. "Chubby Checker" is held as a trademark by the Ernest Evans Corporation. The lawsuit claims that HP and Palm's "use of the name 'Chubby Checker' in its app is likely to associate platiff's marks with the obscene, sexual connotation and images," and that Evans has "received no compensation for the unauthorized use of the Chubby Checker name and trademark".
Additionally, the lawyers allege that customers that have looked at or purchases The Chubby Checker app "are being misled into believing that the plaintiffs have endorsed the defendant's app." Up to its removal, The Chubby Checker had clocked fewer than 100 downloads. The lawsuit is demanding that HP and Palm cease sales of the app bearing the trademark of or similarity to Chubby Checker and triple damages of the profits HP derived from sales of the app. When listed, The Chubby Checker retailed for $0.99; with sales of no more than a hundred copies and the 30% cut taken by Palm and HP from the App Catalog, damages could total upwards of $90.00.
For their part, when contacted regarding this lawsuit, HP provided us with this statement: "The application was removed in September 2012 and is no longer on any Palm or HP hosted web site."
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