Singer Chubby Checker and HP settle penis measuring app lawsuit
Twist singer claimed sexual nature of the app had caused "irreparable damage" to his legacy
American singer Chubby Checker has settled a controversial trademark lawsuit with Hewlett-Packard over an app which allowed users to measure the size of their penis.
The singer, whose real name is Ernest Evans, had previously claimed that the sexual nature of the Chubby Checker, an app for HP's Palm OS platform, had caused "irreparable" damage to his legacy and career.
The terms of the settlement have not been disclosed but it understood that HP has agreed not to make use of the singer’s name, related trademarks or likeness, but did not accept liability.
Last year, his claims of unfair competition and right of publicity under Section 230 of the US Communications and Decency Act were dismissed in court. However his trademark infringement lawsuit was accepted and was scheduled for hearing later this year.
The judge argued that Mr Evans rose to fame and became "internationally known" under his stage name of Chubby Checker. Meanwhile, HP insisted that it removed the app from its catalogue after it received a cease-and-desist letter from the Twist singer in 2012.
The musician was seeking half a billion dollars in compensation, including all profits obtained from the Chubby Checker, which was available for download for $0.99.
At the time, the app's description read: "Any of you ladies out there just start seeing someone new and wondering what the size of their member is?
'All you need to do is find out the man’s shoe size and plug it in... Now with the Chubby Checker there is no need for disappointment or surprise...”
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