Bringing a whole new meaning to the term "No pun intended," rock and roll pioneer Ernest Evans (aka Chubby Checker) has filed a suit against Hewlett-Packard for its webOS app that purports to estimate the length of the user's penis via his entered shoe size.
The trouble? HP's penis-guesstimating app was named "Chubby Checker"... without first gaining approval from Chubby himself.
Although HP pulled the app from its catalogue in September 2012 — after having been reportedly downloaded 84 times — Evans' Florida personal injury lawyer filed a federal suit on Tuesday Feb. 12 seeking a cool half-billion dollars in damages.
"This lawsuit is about preserving the integrity and legacy of a man who has spent years working hard at his musical craft and has earned the position of one of the greatest musical entertainers of all time," says Checker's lawyer Willie Gary in an issued press release.
Checker's suit claims that the "members only" software in question has been available on the Palm APP Catalog, which sells programs for HP's Palm smartphones, as of Oct. 6, 2006.
"Despite numerous attempts to cease the 'app,' Hewlett Packard refused to dismantle the operation and, therefore, continues to perpetuate degrading and derogatory content directly linked to Chubby Checker," reads the press release.
"We cannot sit idly and watch as technology giants or anyone else exploits the name or likeness of an innocent person with the goal of making millions of dollars. The Defendants have marketed Chubby Checkers' name on their product to gain a profit and this just isn't right."
As the 99-cent app was purchased fewer than 100 times with a net profit to HP of 30 cents per download, it's difficult to determine exactly where that half-billion dollar number comes from.
Perhaps it has something to do with the app's alleged ability to "adversely [affect] Chubby Checker's brand and value and if allowed to continue, will cause serious damage to the Plaintiff's goodwill and will tarnish his image that he has worked to maintain over the last 50 years."
"The application was removed in September 2012 and is no longer on any Palm or HP hosted web site," HP told webOS Nation in a response to the situation from which it is trying to distance itself.
Floridian publication TCPalm pointed out that "a disclaimer on the House of Palm [where the app is available] site says that it 'is not a property of [HP's] Palm Inc. and should not be misled to be a Palm Inc. entity.' "
Checker, age 71, was a bellwether of rock-and-roll who inspired the likes of the Beatles with hits such as 1960's Hank Ballard cover of "The Twist."
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