Singer, songwriter Chubby Checker, famous for his 1960 hit cover of Hank Ballard’s R&B hit “The Twist,” gained some additional and unwanted notoriety beginning in 2006 when the Hewlett Packard Co. (HP) “used his trademarked name ‘Chubby Checker’ on a software app for [Hewlett-Packard’s Palm OS platform] that purports to measure a man’s genitals.” Checker sued HP in 2013 for infringing upon his trademarked name.
According to a July 25 report from Reuters, HP has now settled that lawsuit with the legendary singer. Although HP denied any liability when agreeing to settle the lawsuit brought forth by Checker, whose real name is Ernest Evans, the company will no longer be using Checker’s “stage name, likeness or related trademarks.”
The settlement was reached earlier this week after being disclosed in a San Francisco federal court filing. Details of the settlement, including whether or not Checker was awarded any monetary damages, will remain confidential, according to The Guardian. In his lawsuit, Checker was looking for half a billion dollars due to his suffering “irreparable damage and harm” caused by the naming of the app. Some reports state that the app had been “downloaded just 84 times at a cost of $0.99.”
Although a spokesperson for HP declined to comment on the settlement, Checker’s attorney said that “the matter was resolved ‘to the mutual satisfaction of all parties.’” HP is on record as saying the company is not the creator of the app, and that HP had already removed it from online circulation back in September 2012, which preceded Checker’s lawsuit.
In his February 2013 lawsuit 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.”
Checker’s “The Twist” topped Billboard’s list of the most popular singles to have appeared in the Hot 100 since its debut in 1958. Checker also has the honor of popularizing the “Limbo Rock” and its trademark limbo dance. Checker cashed in on “The Twist” craze in the 1960s with Twistin’ U.S.A.”, “Let’s Twist Again”, “Slow Twisting”, “Twistin Round the World” and “Twist It Up.” In 1988, he collaborated with the Fat Boys on “The Twist (Yo, Twist!)