Singer songwriter Chubby Checker, best known for the song “The Twist,” is suing HP over an app called “The Chubby Checker” that claims to measure the size of a man’s penis.
The app was being sold on HP’s Palm App Catalogue.
Checker, whose real name is Ernest Evans, says that the app violated his trademarks and that HP is responsible because it approves all apps before selling them in its app store, reports the Hollywood Reporter’s Eriq Gardner. (Here’s the full legal document.)
HP says it’s not liable since it didn’t write the app or name it. It also says it removed the app from its store when it received a cease-and-desist letter from Evans. HP says a mere 88 copies of the app were sold at 99 cents each.
“The application was not created by HP or Palm. It was removed in September 2012 and is no longer on any Palm or HP hosted web site,” an HP spokesperson told Business Insider.
HP is asking the court to dismiss the lawsuit.
Besides the amusing nature of a penis-measuring app, this lawsuit has interesting legal implications. When an app store approves every app, what liability does it have? If the court doesn’t dismiss the case, this app could help measure the size of that liability.
‘The Chubby Checker’,
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