Chubby Checker, HP settle lawsuit over penis-measuring app

Fri Jul 25, 2014 8:21pm IST

Recording artist Chubby Checker performs before the running of the NASCAR Sprint Cup Series 50th Daytona 500 race at the Daytona International Speedway in Daytona Beach, Florida February 17, 2008.     REUTERS/Frank Polich/Files

Recording artist Chubby Checker performs before the running of the NASCAR Sprint Cup Series 50th Daytona 500 race at the Daytona International Speedway in Daytona Beach, Florida February 17, 2008.

Credit: Reuters/Frank Polich/Files

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(Reuters) - The singer Chubby Checker has settled a lawsuit in which he accused Hewlett-Packard Co of using his trademarked name without permission on a software app that purported to measure the size of a man's penis.

HP denied liability in agreeing to settle with Checker, whose given name is Ernest Evans, but agreed not to make future use of his stage name, likeness or related trademarks.

The settlement was disclosed in a Tuesday filing with the San Francisco federal court. Other terms remain confidential. It is unclear whether money changed hands.

Checker, 72, is best known for his 1960 song "The Twist," a No. 1 hit on Billboard magazine's Hot 100 that inspired an international dance craze.

In his February 2013 lawsuit against HP and its Palm unit, the singer objected to HP having in October 2006 begun online sales of "The Chubby Checker" app, which purported to let women estimate the size of a man's genitals based on his shoe size.

A federal judge last August let Checker pursue part of his case, saying one might infer that HP should have known that "the owner of the Chubby Checker mark would never have consented to license the mark for such a vulgar purpose."

HP spokeswoman Sarah Pompei on Friday declined to elaborate on the settlement.

The Palo Alto, California-based company has said it did not create the app and that it was removed in September 2012.

Checker's lawyer Michael Santucci said the matter was resolved "to the mutual satisfaction of all parties."

(Reporting by Jonathan Stempel in New York; Editing by Bill Trott)

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