PUBLISHED: Jul 26, 2014 02:07pm

Singer Chubby Checker, HP settle suit over penis-measuring app

Recording artist Chubby Checker performs before running of the NASCAR Sprint Cup Series 50th Daytona 500 race at the Daytona International Speedway in Daytona Beach

Source: Reuters Source:
Reuters

Recording artiste Chubby Checker performing at a concert in California. — Reuters pic

SAN FRANCISCO, July 26:

The singer Chubby Checker has settled a suit in which he accused Hewlett-Packard Co of using his trademarked name without permission on a software app that purported to measure the size of a man’s penis.

HP denied liability in agreeing to settle with Checker, whose given name is Ernest Evans, but agreed not to make future use of his stage name, likeness or related trademarks.

The settlement was disclosed in a Tuesday filing with the San Francisco federal court. Other terms remain confidential. It is unclear whether money changed hands.

Checker, 72, is best known for his 1960 song The Twist, a No. 1 hit on Billboard magazine’s Hot 100 that inspired an international dance craze.

In his February 2013 suit against HP and its Palm unit, the singer objected to HP having in October 2006 begun online sales of “The Chubby Checker” app, which purported to let women estimate the size of a man’s genitals based on his shoe size.

A federal judge last August let Checker pursue part of his case, saying one might infer that HP should have known that “the owner of the Chubby Checker mark would never have consented to license the mark for such a vulgar purpose”.

The Palo Alto, California-based company has said it did not create the app and that it was removed in September 2012.

Checker’s lawyer Michael Santucci said the matter was resolved “to the mutual satisfaction of all parties”.

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