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Chubby Checker Can Sue Over Genital-Measuring App

08/19/2013
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(Radio.com) 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 following a judge's ruling.

Last Thursday (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 Tribune, the 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." more on this story

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Copyright Radio.com/CBS Local - Excerpted here with permission.

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