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Actually it’s Fats Domino who should be suing since Checker created his name as a play on Fats’ name.
from www.dailymail.co.uk – It’s was a risque but light-hearted app that claimed to let ladies know what they can expect from a new man based on the size of his feet.
But though it promised ‘no need for disappointment or surprise’, someone’s been left thoroughly unamused by the ‘Chubby Checker’ – the singer whose name it borrows.
Now the rock ’n’ roll star who’s famed for The Twist has filed a $500million lawsuit in the US against technology firm Hewlett-Packard, through whose software the app was available.
Lawyers for the singer – whose real name is Ernest Evans – claim the app developed by a company called Magic Apps, has done ‘irreparable damage’ to their client by associating the Checker name with ‘sexual connotation’.
They said: ‘purchasers of ‘the Chubby Checker’ app and non-purchasing browsers of the associated web page are being misled into believing that plaintiffs have endorsed defendant’s app’.
The suit adds that the app ‘tarnishes’ the stage name which Evans trademarked in 1997.
The application for Hewlett-Packard’s Palm OS platform boasted: ‘Any of you ladies out there just start seeing someone new and wondering what the size of their member is?
‘All you need to do is find out the man’s shoe size and plug it in… Now with the Chubby Checker there is no need for disappointment or surprise…”
The House of Palm software website shows that the $0.99 app was downloaded just 84 times.
Willie Gary, Checker’s lawyer said: ‘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.
Ernest Evans, otherwise known as Chubby Checker, pictured left with DeLee Lively in 1996, filed the lawsuit on the basis that the app ‘tarnishes’ the stage name which Evans trademarked in 1997
‘The Defendants have marketed Chubby Checkers’ name on their product to gain a profit and this just isn’t right.’
Ernest Evans was born in 1941 in Spring Gulley, South Carolina, but grew up in South Philadelphia, where he lived with his parents and two brothers.
In June of 1959 he recorded a cover of Hank Ballard’s R&B hit ‘The Twist’ and fourteen months later, in the summer of 1960, it was a sensation.
The official Chubby Checker website says: ‘The Twist’ was not only the #1 song but it introduced the concept of ‘dancing apart to the beat’.
‘Over the next few years, endless songs incorporating ‘The Twist’ into its name sprang up such as ‘Peppermint Twist’, ‘Twist and Shout’ and ‘Twistin’ the Night Away’.
‘In addition, each new song brought a new dance involving ‘dancing apart to the beat’ such as ‘The Jerk’, ‘The Hully Gully’, ‘The Boogaloo’ and ‘The Shake’. At the forefront was Chubby with ‘The Fly’, ‘The Pony’ and ‘The Hucklebuck’.’