Chubby Checker Sues Two Companies For $500 Million Over Wang-Measuring App Downloaded 84 Times

from the you-can't-make-this-stuff-up dept

Thu, Feb 14th 2013 11:54am — Timothy Geigner

Here's a question that has been keeping me awake for the past several years: what would I call a smart phone application designed to approximate the size of my naughty parts? The answer, of course, is to call it the Chubby Checker, which is exactly what a company did some time ago. Apparently 1960's rock and roll legend Chubby Checker is so pissed off about it that he wants approximately all of the money (by which he means a hell of a lot more money than) the app ever made. And, for some reason, he wants it from HP and Palm, who no longer offer the app at all due to the platform being completely dead, and who appear to have complied with his requests in every way. There's a joke about Palm being involved in a penis size app, but most of it is too vulgar for Techdirt's audience. Let's just say the punchline is "That's what I call two in the hand and one in the bush!" and get back to the story.

Checker's lawyers are seeking half a billion dollars for the "irreparable damage and harm" caused by the Chubby Checker, an app for Hewlett-Packard's Palm OS platform. "This lawsuit is about preserving the integrity and legacy of a man who has spent years working hard [editor's note: HA!] at his musical craft and has earned the position of one of the greatest musical entertainers of all time," explained lawyer Willie Gary.

Yes, according to Willie [editor's note: his name had to be Willie, didn't it?], an application from a company now extinct, released for a mobile platform also extinct, has caused irreparable harm to a rocker from the 60's. Okay, apologies for digging into this, but that's what the post requires. A chubby is a term for a man's wang. If you're going to check it out, chubby checker describes the app. Sorry, but that's the deal. And I want to know who, out of the grand total of 84 people who downloaded this app, in any way thought about The Twist, or in any possible way thought that this app was endorsed by the 71 year old man born Earnest Evans. Because here's the thing: if you associated a penis and a song about a dance in which you twist into knots, you're a masochist and an idiot. And, frankly, the tarnishment aspect of their complaint is the most reasonable part of it all.

That's because of their ridiculous request for $500 million for an app downloaded 84 times on a platform now defunct from a company also defunct. And their filing is against HP and Palm, not the actual app developer, who actually took the app down in September of last year, the same month when that same filing shows Checker's lawyers first sent HP/Palm their cease and desist (filing embedded below). So, they took a dead app for a dead platform that almost nobody downloaded and injected all of it back into the public news realm, and Checker's/Evans'/Whoever's lawyers claim the app is the one causing harm to the brand? It seems a hell of a lot more likely that filing this ridiculous lawsuit is going to cause harm to Checker's brand than anything HP or Palm did. Per their own hilarious press release:

The lawsuit alleges that the egregious and flagrant acts of Hewlett Packard and Palm, Inc., if not stopped immediately, will permit Defendants to enjoy profits to which they are not entitled.

Newsflash, guys, there is no current way for HP and Palm to profit from this app. This entire suit against them is ridiculous. If 3rd party sites are still offering it, go file spurious trademark lawsuits against them and then lose in court. HP did everything you asked and you're still suing them for an astounding $500 million, even though they didn't create the app or have anything to do with it. Meanwhile, you're making your client look like a chubby (get it?).

Ernest Evans v Hp (PDF)Ernest Evans v Hp (Text)

Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.

Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.

While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.

–The Techdirt Team

Filed Under: chubby checker, chubby checker app, publicity rights, secondary liability, trademark
Companies: hp, palm

66 Comments

If you liked this post, you may also be interested in...

Reader Comments

Subscribe: RSS

View by: Time | Thread

Akari Mizunashi (profile), 14 Feb 2013 @ 11:41am

This is nuts.
[ link to this | view in chronology ]
- Mark Harrill (profile), 14 Feb 2013 @ 11:56am
  
  Re:
  Really? you had to add one more pun to this? What are we going to do, erect a bunch of these puns until we are pitching a tent?
  [ link to this | view in chronology ]
  - justok (profile), 14 Feb 2013 @ 12:00pm
    
    Re: Re:
    It was just for play
    [ link to this | view in chronology ]
  - vbdevil (profile), 14 Feb 2013 @ 12:03pm
    
    Re: Re:
    When the fruit is hung low, you gotta pick it.
    [ link to this | view in chronology ]
  - Marcel de Jong (profile), 15 Feb 2013 @ 7:32am
    
    Re: Re:
    Don't get all hairy about it. Chubby Checker is balls deep in trouble.
    [ link to this | view in chronology ]
- Oblate (profile), 14 Feb 2013 @ 12:44pm
  
  Re:
  This is just a bit above nuts. This is one Chubby whose stature would have been improved by a bit of circumspection. Instead, he got a big rise from this Palm app. But when the cold wind of reason hits, hopefully this will all shrivel up to nothing.
  [ link to this | view in chronology ]
  - Karl (profile), 14 Feb 2013 @ 9:18pm
    
    Re: Re:
    This is one Chubby whose stature would have been improved by a bit of circumspection.
    
    I disagree completely. Why, if I had a son, I would never let anyone -
    
    ...oh, "circumspection." Never mind.
    [ link to this | view in chronology ]
    - Karl (profile), 14 Feb 2013 @ 9:25pm
      
      Re: Re: Re:
      Though, come to think of it, maybe if someone had given this Chubby a circumspection, he'd be a lot less sensitive.
      [ link to this | view in chronology ]
- Rekrul, 14 Feb 2013 @ 1:31pm
  
  Re:
  Chubby is just being a dick...
  [ link to this | view in chronology ]
- Darfvader, 6 Sep 2013 @ 10:37pm
  
  Re: This is nuts
  This subject is actually CLOSE to a SET of Nuts O_O
  [ link to this | view in chronology ]
Anonymous Coward, 14 Feb 2013 @ 11:57am

What?
C'mon... what else could you possibly call it?
[ link to this | view in chronology ]
- Anonymous Coward, 14 Feb 2013 @ 12:04pm
  
  Re: What?
  I don't know.. how long is a piece of string
  and how trademarked
  [ link to this | view in chronology ]
- Anonymous Coward, 14 Feb 2013 @ 12:04pm
  
  Re: What?
  I don't know.. how long is a piece of string
  and how trademarked
  [ link to this | view in chronology ]
- Anonymous Coward, 14 Feb 2013 @ 12:04pm
  
  Re: What?
  I don't know.. how long is a piece of string
  and how trademarked
  [ link to this | view in chronology ]
  - justok (profile), 14 Feb 2013 @ 12:09pm
    
    Re: Re: What?
    Wow, 3 times in a row. Your partner must be happy.
    [ link to this | view in chronology ]
- justok (profile), 14 Feb 2013 @ 12:08pm
  
  Re: What?
  Peter meter
  [ link to this | view in chronology ]
  - jupiterkansas (profile), 14 Feb 2013 @ 12:15pm
    
    Re: Re: What?
    Mr. Meter might get upset with that.
    [ link to this | view in chronology ]
- Calvin (profile), 14 Feb 2013 @ 4:07pm
  
  Re: What?
  Perhaps 'Eternal Optimist' or 'Wishful Thinking'
  [ link to this | view in chronology ]
ChurchHatesTucker (profile), 14 Feb 2013 @ 12:11pm

Well yeah
if you associated a penis and a song about a dance in which you twist into knots, you're a masochist and an idiot

But is the masochistic idiot in a hurry?
[ link to this | view in chronology ]
Jeremy Lyman (profile), 14 Feb 2013 @ 12:23pm

If Mr Checker was cool
He would have endorsed the app with two thumbs up and seen a huge surge in his sales on iTunes. Or maybe they would have digitized his albums and started selling them on Amazon.
[ link to this | view in chronology ]
- Jeremy Lyman (profile), 14 Feb 2013 @ 12:25pm
  
  Re: If Mr Checker was cool
  Whoops, that's my bad, he's on Amazon, I just don't know how to spell his name.
  [ link to this | view in chronology ]
  - Oblate (profile), 14 Feb 2013 @ 12:28pm
    
    Re: Re: If Mr Checker was cool
    Next time use a Chubby Spellchecker.
    [ link to this | view in chronology ]
ShellMG, 14 Feb 2013 @ 12:24pm

The title had me curious as to what Checker had to do with an old word processing system.

Who knew? I sure didn't.
[ link to this | view in chronology ]
Anonymous Coward, 14 Feb 2013 @ 12:31pm

Wow Might as well sue stoners for say let's do the twist.
[ link to this | view in chronology ]
slopoke, 14 Feb 2013 @ 12:43pm

Not Dumb - Brilliant
Here's a guy nobody's noticed in years. So he spends $100.00 on a cheap lawyer (gotta be with a name like Willie)and maybe another hundred to file a lawsuit - BOOM - let the Streisand Effect do the rest. No harm to anyone and untold amounts of free publicity.
[ link to this | view in chronology ]
- ltlw0lf (profile), 14 Feb 2013 @ 1:16pm
  
  Re: Not Dumb - Brilliant
  Here's a guy nobody's noticed in years. So he spends $100.00 on a cheap lawyer (gotta be with a name like Willie)and maybe another hundred to file a lawsuit - BOOM - let the Streisand Effect do the rest. No harm to anyone and untold amounts of free publicity.
  
  I agree. However, I suspect $500 million won't be enough to pull his name out of the mud.
  
  "Your honor, we want $1 billion because my client suffered major damage to his name and image as a result of filing this lawsuit."
  [ link to this | view in chronology ]
Anonymous Coward, 14 Feb 2013 @ 12:52pm

Wow this really is happening?
[ link to this | view in chronology ]
Anonymous Coward, 14 Feb 2013 @ 12:53pm

I do not believe this lawsuit is the correct "tool" for reviving the Chubster.
Whats more, the app is no way even close to accurate.
Maybe that's what they mean by egregious.
[ link to this | view in chronology ]
Anonymous Coward, 14 Feb 2013 @ 12:53pm

Cancel my subscription
This article is the kind of thing I expect to find written on men's room walls of Chicago bars, not here on Techdirt. Please cancel my subscription.
[ link to this | view in chronology ]
- Capitalist Lion Tamer (profile), 14 Feb 2013 @ 12:54pm
  
  Re: Cancel my subscription
  Please return unused portion for full refund.
  [ link to this | view in chronology ]
  - Anonymous Coward, 14 Feb 2013 @ 2:06pm
    
    Re: Re: Cancel my subscription
    I believe you should give proper attribution to the comment that you replied to and received an LOL recognition as a result. As soon as I set up a few dozen twitter accounts I'll be pressing you on this.
    [ link to this | view in chronology ]
- Dark Helmet (profile), 14 Feb 2013 @ 12:59pm
  
  Re: Cancel my subscription
  You have to send your cancellation notice on the digital insert we send you with every click-issue. Also, cancellation requires 30 days notice of your subscription. Please mail the insert to 6669 W. Nobody Cares Dr., Prudeville, USA 66666....
  [ link to this | view in chronology ]
  - Anonymous Coward, 14 Feb 2013 @ 3:11pm
    
    Re: Re: Cancel my subscription
    I think the digital insert got thrown in the bit bucket. Either that or my Nintendog ate it. Can you please send another one?
    [ link to this | view in chronology ]
- Chuck Norris' Enemy (deceased) (profile), 14 Feb 2013 @ 1:14pm
  
  Re: Cancel my subscription
  So you go around to Chicago bars expecting to find lewd comments and diagrams in the restrooms. Now who's the sick-o?
  [ link to this | view in chronology ]
- Anonymous Coward, 15 Feb 2013 @ 6:10am
  
  Re: Cancel my subscription
  Why do you subscribe to men's room walls? Is Fox News not available in your area?
  [ link to this | view in chronology ]
Baldaur Regis (profile), 14 Feb 2013 @ 12:59pm

Willie Gary: Just Another Clueless Noob
From his filing, under reliefs (pp 14-15):
4. Defendants be ordered to notify in writing and direct to its Internet Service Provider(s), Web Host(s) and all publishers of directories or lists, including Internet search engines, in which the Defendants' use of the names and marks employing CHUBBY CHECKER appear, to delete all references to said names and marks from their public databases, search engine directories, directory assistance and from all future directories in which said names and marks are to appear, and to delete all forwarding or "cache memory" or storage mechanisms referencing names and marks employing CHUBBY CHECKER.
In order to ensure the continuation of Chubby Checkers' legacy, his lawyer is DEMANDING Chubby Checkers' name be erased from the internet.
[ link to this | view in chronology ]
- Anonymous Coward, 14 Feb 2013 @ 6:24pm
  
  Re: Willie Gary: Just Another Clueless Knob
  FTFY
  [ link to this | view in chronology ]
- Anonymous Coward, 15 Feb 2013 @ 1:34pm
  
  Re: Willie Gary: Just Another Clueless Noob
  Yeah, that will work. LOL!
  [ link to this | view in chronology ]
Jasmine Charter, 14 Feb 2013 @ 1:13pm

Chubby Checker... Meet...
Chubby Checker and your 84 downloads... meet the Streisand effect!
[ link to this | view in chronology ]
Mr. Applegate, 14 Feb 2013 @ 1:33pm

All publicity is good publicity!

or: All Chubbys are good Chubbys!
[ link to this | view in chronology ]
Deimal (profile), 14 Feb 2013 @ 1:49pm

Measuring...
your penis with a app on a device called Palm? Since when did anyone need to pay anything to use their Palm on their penis? What makes Chubby think checking your penis with your palm is something that he should be paid for? Usually the payment goes the other way.
[ link to this | view in chronology ]
gorehound (profile), 14 Feb 2013 @ 1:55pm

How many of you know of him doing the Stoned in the Bathroom Song which was recorded with a hippie band backing him.

Sounds like he has been in that Bathroom trying to get an erection out of his now limp dick.
[ link to this | view in chronology ]
Anonymous Coward, 14 Feb 2013 @ 2:49pm

Well, im more amused that his name is Earnest Evans. There was a good game for the old Mega Drive called Earnest Evans.

http://en.wikipedia.org/wiki/Earnest_Evans

Maybe he should go after Sega and Namco too.
[ link to this | view in chronology ]
Anonymous Coward, 14 Feb 2013 @ 4:40pm

So the guy with the funny name files this insane lawsuit for 500 mill. and for Google & CO. to delete all references to him... If this goes through he would not only be a very rich man, but also be responsible for the biggest censoring ever.
HA! if there is one thing the internet hates in combination it is rich old farts who want to censor everything.
Good luck with that mr. Wang!
It would almost be funny to watch if not for the major hit to freedom of speech.
[ link to this | view in chronology ]
Internet Zen Master (profile), 14 Feb 2013 @ 6:30pm

ATTENTION KEYBOARD WARRIORS!!
An important announcement from the Internet Defense Headquarters:

THE INTERNET IS UNDER ATTACK!

Subject Chubby Checker is demanding that his name be erased from the Internet because of a now-defunct phallus-measuring application.

Defenders of the Internet, we cannot let his heresy stand!

AS OF THIS POST, WE AT INTERNET DEFENSE HQ ARE INVOKING THE STREISAND PROTOCOL. PROTOCOL WILL REMAIN IN EFFECT UNTIL SUBJECT HAS RESCINDED THREAT OR HAS EXPIRED.

All keyboard warriors are hereby authorized to spread information about Chubby Checker and this now-impotent "tool" he is raging over through any and all mediums available.

REMEMBER WARRIORS, YOU ARE THE LAST LINE OF DEFENSE FOR THE INTERNET'S SURVIVAL!

May the lolcats be with you.

-the Internet Zen Master
[ link to this | view in chronology ]
technomage (profile), 14 Feb 2013 @ 6:31pm

if this is the same app I saw in the news elsewhere, it was supposed to be a link between a shoe size and ding-a-lings

maybe CC is embarassed about only having about having a size 4...
[ link to this | view in chronology ]
Anonymous Coward, 14 Feb 2013 @ 6:53pm

Damn this story just keeps getting bigger and bigger. I wonder how long it will last.
[ link to this | view in chronology ]
- Anonymous Coward, 14 Feb 2013 @ 7:42pm
  
  Re:
  At some point it'll have to blow and release everything cramped inside.
  [ link to this | view in chronology ]
That Anonymous Coward (profile), 14 Feb 2013 @ 8:01pm

Is this one of those moments when one of those weird EU laws about a right to be forgotten would be useful for Mr. Checker?

Pretty sure he damaged his reputation much more by what is obviously a ploy to remind the world he still exists.
[ link to this | view in chronology ]
Ninja (profile), 15 Feb 2013 @ 1:59am

No shit, the internet morons decided to leave their closets this month? I started counting puns and jokes per comment instead of per article.

Tim, grab your Chubby Checker, your article caused so many puns that I think your e-penis got bigger ;)
[ link to this | view in chronology ]
Anonymous Coward, 15 Feb 2013 @ 2:01am

Damn, if only I was doing the sort of thing we do in our downtime -- running a Twitter search for the term "infringement."
[ link to this | view in chronology ]
- Anonymous Coward, 15 Feb 2013 @ 1:42pm
  
  Re:
  So that's what the kids are calling it these days, huh?
  [ link to this | view in chronology ]
Anonymous Coward, 15 Feb 2013 @ 2:10am

I always wondered what my opinion of Chubby Checker was worth. Now I know. It's 5.92 million.
[ link to this | view in chronology ]
Anonymous Coward, 15 Feb 2013 @ 2:10am

I always wondered what my opinion of Chubby Checker was worth. Now I know. It's 5.92 million.
[ link to this | view in chronology ]
Anonymous Coward, 15 Feb 2013 @ 2:23am

They've got a lot of balls
[ link to this | view in chronology ]
richard (profile), 15 Feb 2013 @ 5:32am

Damn now i wish i had gotten this app, I guess i will have to do it the hard way and go find my tape measure.
[ link to this | view in chronology ]
Anonymous Coward, 15 Feb 2013 @ 6:03am

Major boner.
Chubby and Willie pulled a real boner by filing this.
[ link to this | view in chronology ]
Anonymous Coward, 15 Feb 2013 @ 9:04am

Where's the embedded Viagra ad? It'd be a nice fit.
[ link to this | view in chronology ]
Internet Zen Master (profile), 15 Feb 2013 @ 9:28am

*sigh*
Apparently being on the Internet reverts one's maturity level to that of junior high/high school.

Seriously, don't we have anything better than to make puns about some hasbin defending his trademark (which he has every right to do, even if it is rather ridiculous) because he doesn't want someone to think that he endorses a no-longer exist tool for measuring a man's tool-

Damn it, even I'm doing it now.
[ link to this | view in chronology ]
- Anonymous Coward, 15 Feb 2013 @ 1:44pm
  
  Re: *sigh*
  Maybe he just felt like whipping out his trademark and playing with it.
  [ link to this | view in chronology ]
  - Anonymous Coward, 15 Feb 2013 @ 1:46pm
    
    Re: Re: *sigh*
    At his age, he probably just wanted to see if it still worked.
    [ link to this | view in chronology ]
Dave, 15 Feb 2013 @ 11:22am

What's his position on this?
"The Twist" and "Let's Twist again" must be some new positions that I haven't heard of.
[ link to this | view in chronology ]
Glaze (profile), 15 Feb 2013 @ 12:38pm

Goodness Gracious...
At least it wasn't jerry lee lewis suing them or there'd be great balls of fire flying all around.
[ link to this | view in chronology ]
Anonymous Coward, 15 Feb 2013 @ 2:53pm

I didn't even realize that Wang is still in the computer business.
[ link to this | view in chronology ]
Anonymous Coward, 15 Feb 2013 @ 5:35pm

Descriptive term?
Hang on....I thought you couldn't trademark descriptive terms. If you're making computers, you can trademark "Apple Computers" but can't trademark the word "computer". If you're growing apples, you could trademark "Computer Apples" but not the word "apple". And trademarks are supposed to be specific to the industry, meaning that Apple Computers can't sue orchard farmers for using the word "apple".

Even assuming that Chubby Checker had both trademarked his name and extended his mark to cover the software industry, he still couldn't win this case. It would be as silly as Young MC trying to sue a website that listed MC's under 18 years of age.
[ link to this | view in chronology ]
btrussell (profile), 16 Feb 2013 @ 1:53am

His lawyer, Willie, who practices with a "hands-on" approach, purportedly ejaculated "This will peter out"
[ link to this | view in chronology ]