| SAN FRANCISCO
SAN FRANCISCO Aug 16 The musician famous for
the Twist dance style can sue Hewlett Packard Co over
allegations that the tech company used his trademarked name
"Chubby Checker" on a software app that purports to measure a
In a ruling on Thursday, U.S. District Judge William Alsup
in San Francisco ruled that Ernest Evans - known professionally
as Chubby Checker - can move forward with trademark infringement
claims against HP and its Palm unit.
HP spokesman Michael Thacker on Friday said the app was not
created by HP or Palm. "It was removed in September 2012 and is
no longer on any Palm or HP hosted website," Thacker said.
Chubby Checker first gained fame in 1960 when his recording
"The Twist" rose to No. 1 on Billboard Magazine's hot singles
chart, where it remained for 18 straight weeks, according to the
lawsuit. It inspired an international dance craze in the early
1960s and has been a mainstay at dance parties ever since.
HP began offering "The Chubby Checker" app for sale in 2006,
which purports to estimate the size of a man's genitals based on
his shoe size, according to the ruling. "The name 'Chubby
Checker' is thus used as a vulgar pun," Alsup wrote.
The musician informed HP that the app violated his
trademark, and he sued earlier this year.
In an effort to dismiss the lawsuit, HP claimed that Evans
failed to allege HP knew of the infringement. Alsup rejected
that argument, saying Evans properly alleged that HP had a
detailed application and approval process for the app, and thus
knew it violated the trademark.
Alsup did dismiss other claims brought by Evans, but gave
him a chance to refile the lawsuit to try to move forward on
The case in U.S. District Court, Northern District of
California is Ernest Evans et al. vs. Hewlett-Packard Company et