Here's the long and short of it: HP is having to palm off allegations from a 60s pop star over a trademark infringing app, which predicts the size of a gentleman's genitalia.
The issue at hand is the name of the app, entitled The Chubby Checker. Some of you may remember that this name is also used by the popular 1960s musician whose song The Twist spent 18 weeks at the top of the US charts. Sneak fondly remembers dancing to it at a cousin's wedding.
The app, which was added to the Palm app store in 2006, claimed to be able to make the personal measurement simply based on shoe size. Sneak can attest that this is a misleading statistic to use, as his size 6 will confirm. Nonetheless the judge overseeing the lawsuit – in which Mr Checker, otherwise known as Ernest Evans, claims the app infringes his trademarked name – has said that the case may move forward. The judge clarified, for anybody who was in any doubt, that the name Chubby Checker is "used as a vulgar pun".
"I thought it was THIS big!"
The offending software was pulled out of the app store in September 2012 and HP claims that it had no knowledge of the Chubby Checker software, according to Reuters. Checker however alleges that due to the application and approval process required to get it up in the first place, the app must surely have been spotted to infringe the trademark.
The most incredible thing about this case is not the frankly disappointing download count – only 88 – but the 99 cents that each of these people paid for it.
The case continues, but things don't look good for Hewlett Package as Checker has been allowed to rearrange and refile his lawsuit.
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