Chubby Checker Can Sue Penis-Measuring App For Using His Name, Judge Rules

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(Bill McCay/Getty Images)

(Bill McCay/Getty Images)

Chubby Checker doesn’t want you to measure your chubby using an app that bears his name. And it now seems he might finally get his way.

Yesterday (August 15), a San Francisco judged ruled that Checker, whose real name is Ernest Evans, could sue Hewlett Packard Co. for copyright infringement over their Chubby Checker app, which claims to measure a man’s genitals based on his shoe size. The company created the software in 2006.

According to the Chicago Tribunethe judge wrote in his ruling that the app uses the name Chubby Checker “as a vulgar pun.” The judge also ruled against HP’s claims that Checker “failed to allege” did not provide evidence that proved HP knew of the infringement writing that Checker “had a detailed application and approval process for the app, and thus knew it violated the trademark.”

Checker, who is best known for his 1960 hit “The Twist,” which inspired the international dance craze, sued the company earlier this year for violating trademark.

The judge’s ruling now allows Checker to refile his original copyright lawsuit.

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