*Ernest Evans, the musician famous for the icon 1960s dance, the Twist, has learned he can sue Hewlett Packard over allegations that the company used his trademarked name “Chubby Checker” on their software app.
U.S. District Judge William Alsup ruled on Thursday that Evans can move forward with trademark infringement claims against HP and its Palm unit.
But HP spokesman Michael Thacker said that the app was not created by HP or Palm.
“It was removed in September 2012 and is no longer on any Palm or HP hosted website,” Thacker said.
According to the lawsuit, Chubby Checker first rose to fame when his single “The Twist” hit No. 1 on Billboard Magazine’s hot singles chart, where it reigned for 18 weeks straight.
The HP app claims to be able to measure a man’s genitals. “The name ‘Chubby Checker’ is thus used as a vulgar pun,” Alsup wrote.
The musician informed HP that the app violated his trademark, and he filed suit earlier this year.
The case in U.S. District Court, Northern District of California, is Ernest Evans et al. vs. Hewlett-Packard Company et al., 13-2477.