STUART, Fla. (CBS Tampa) – A lawsuit has been filed against the creators and hosts of “The Chubby Checker,” a smart phone application that estimates the endowment of a man, for using the name of the famed singer.

The TC Palm is reporting that Stuart-based attorney Willie Gary is suing Hewlett-Packard and the Palm APP Catalog over the software application that they have reportedly offered since 2006 that plays on the stage identity of the 71-year-old performer of “The Twist.”

“[The d]efendants’ use of the name ‘Chubby Checker’ in its app is likely to associate plaintiff’s [trade]marks with the obscene, sexual connotation and images,” the lawsuit, which was obtained by the paper, states. “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 name “Chubby Checker” was reportedly trademarked by the Ernest Evans Corp. – which is Checker’s real name – for use in corporation-sanctioned business ventures.

The app is available on the House of Palm website, and is said to have been designed by Magic Apps.

“Any of you ladies out there just start seeing someone new and wondering what the size of there [sic] member is?” the app’s web page asks. “All you need to do is find out the man’s shoe size and plug it in … [n]ow with The Chubby Checker there is no need for disappointment or surprise.”

The smartphone app’s name is a reference to the slang definition of “chubby” – according to the website Urban Dictionary, the word is synonymous with a half-erect penis.

Representation for Checker was not amused by the play on words, the TC Palm learned.

“This lawsuit is about preserving the integrity and legacy of a man who has spent years working hard at his musical craft and has earned the position of one of the greatest musical entertainers of all time,” Gary said in a prepared statement obtained by the paper. “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.”

He added, “The defendants have marketed Chubby Checkers’ name on their product to gain a profit and this just isn’t right.”


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