Rock ‘n’ roll legend Chubby Checker is twisting mad over a software app that allowed users to estimate the size of a man’s penis based on his shoe size.
Checker, whose real name is Ernest Evans, filed a trademark infringement lawsuit against Hewlett Packard and Palm Inc. in federal court in Fort Pierce, Fla., this week, saying that the app “adversely affects Chubby Checker’s brand and value.”
The app, which was called “The Chubby Checker” and apparently is no longer available, was an unauthorized use of Checker’s name and trademark, the lawsuit alleges.
“He’s hurt,” said Checker’s attorney Willie Gary. “He worked hard to build his name and reputation over the years.”
Checker, 71, is seeking a half-billion dollars in damages and restitution.
HP issued a brief statement about the matter on Feb. 14.
“The application was removed in September 2012 and is no longer on any Palm or HP hosted web site,” wrote Michael Thacker, HP’s director of corporate media relations.
He told The Associated Press that the app was removed the same month that Gary sent a cease-and-desist letter to the companies on behalf of Checker.
It’s unclear how long the 99-cent app was available to customers.
According to the industry website WebOSNation, the app sold fewer than 100 copies.
The app was not developed by HP or Palm; it was developed by a third-party. The app developer is not named in the lawsuit.
“We’re going straight to the source,” said Gary.
The lawsuit said that Checker has received patents and trademark licenses for his name to be used for a line of snacks and other food products.