‘The Chubby Checker ‘was an app that could unscientifically measure the size of the penis by simply placing the details of the shoe size. The app was called ‘The Chubby Checker’ and was short-lived on HP’s WebOS app store.
According to a report on Ars Technica, HP was sued for half a billion dollars by Ernest Evans, a singer-song writer, also known as Chubby Checker, best known for his 1960 smash hit cover version of ‘The Twist’. The app was named ‘The Chubby Checker’, which was the rock-n-roll icon’s stage name. Ernest sued HP over infringement on his trademark and also added that HP violated the Communications Decency Act.
The Communications Decency Act was dismissed by the courts, but the infringement of trademark claim was allowed to proceed with the trial due this October.
The application was based on estimating the size of the male sex organ by getting the details of his shoe size and was sold online for $0.99 by HP on their WebOS app store in 2012. The app was designed and named by a third-party developer, but was approved and put on sale by HP.
According to The Hollywood Reporter, upon learning about the Chubby Checker’s trademarks and in a 2012 cease-and-desist letter from Evans’ attorneys, HP pulled down the app within a few days. Ernest claims that ‘HP's "detailed" app approval process should have discovered his name.’
Ars Technica also reports that the $0.99 application was downloaded less than 100 times from the time it was hosted on the WebOS app store and the company made a total profit of only $30.
The October trial has been avoided since the two parties have finally agreed to come to an agreement.
Image courtesy: ChubbyChecker.com
