HP bites the Big One!

[JackLuis]

That's Hewlett Packard, not Handly Page.

Singer Chubby Checker sues HP over penis-measuring app

Apparently the HP brand manager is too young to know who Chubby is,

A lawyer acting for Chubby Checker — the musical legend behind “The Twist” — has announced a lawsuit against tech-giant Hewlett-Packard for using the singer’s name for a penis-measuring app.

In a statement this week, attorney Willie Gary said the suit named HP and its subsidiary Palm, for marketing the software application without permission.

The suit filed a Florida federal court seeks $500 million in damages.

It was a cute name, but it's not available!

[Handley_Page]

There's a problem with their Pecker Checker ?

[lovecraft68]

Well I guess this is one way for a has been to make his name relevant again.

[jomar]

"The “Chubby Checker” app, which appears on websites for Palm devices..."

It is actually pretty hilarious, but I get why Chubby doesn't think so.

[Safe_Bet]

Originally Posted by jomar

"The “Chubby Checker” app, which appears on websites for Palm devices..."

It is actually pretty hilarious, but I get why Chubby doesn't think so.

Jeez... that app must really be hell if your Flash Player is jerky!

[lovecraft68]

I am curious, is "Chubby Checker" his real name?

Also curious as to the exact laws as far as names go.

You can name your kid Charles Manson and he can;t sue you.

I assume its because they are going to make money on this that there is a difference, but was also told that names cannot be copyrighted. They can be trademarked I think, but doubt he did that.

end of the day they will say here is 5 million not 500 million and a very small percentage of royalties and he'll agree and go back to playing shuffleboard

[JackLuis]

Originally Posted by lovecraft68

I am curious, is "Chubby Checker" his real name?

Also curious as to the exact laws as far as names go.

Google it.

[PennLady]

I have to say this one has made me laugh, and I can totally believe that whoever developed the app had never heard of Chubby Checker.

I doubt that's his real name and I don't know what the legal ramifications will be, but I can see him taking offense. A lot of people will associate his name with this, although I'm not sure he'd suffer any damage to reputation or anything.

According to Wikipedia, his real name is Ernest Evans and he's from Philly.

[JackLuis]

Originally Posted by Safe_Bet

Jeez... that app must really be hell if your Flash Player is jerky!

"How many times do I have to tell you boys! No Jerking of Flash Players in the House! It stains."

[Safe_Bet]

If the app developer was realistic at all, he'd have called it the Teenie Tester anyways!

[jomar]

Originally Posted by Safe_Bet

If the app developer was realistic at all, he'd have called it the Teenie Tester anyways!

Teenie Tester is too threatening for most guys. Not for me mind you, 'cause, well...

Anyway, Peenie Tester is probably the way to go.

[R. Richard]

I hope that Chubby Checker drives HP into bankruptcy.
I bought an HP computer once, just after my former computer died. The HP never worked properly and HP gave me zero support with the problems. (Actually, I bought two HP computers, my first one and my last one.)

[3113]

Originally Posted by lovecraft68

I assume its because they are going to make money on this that there is a difference, but was also told that names cannot be copyrighted. They can be trademarked I think, but doubt he did that.

Record company might have trademarked it--that is, simply by being the name on the label, it becomes trademarked. Only this person can make money off that name. So you can call yourself "Chubby Checkers" or name your kid that, or even call a character in your book that (it's not copyrighted after all), but if you try to make money using that name (i.e. write a book and put as your author's name "Chubby Checkers,") well, you can't. It's "trademarked."

That, by the way, is just a guess on my part. I don't know the legalities of it, but I'm sure the record companies do have whatever they have so that if they put of record by "Sting" or the "Foo Fighters" no other artist can call themselves that and put out a record. So they must have some automatic, legal trademarking of artist's names.

[sr71plt]

As reported, this is about a trademark infringement case, which means Chubby Checker at least thinks he has the trademark for the name (which isn't unusual for someone like him). The attached article claims he has the trademark too.

http://www.washingtonpost.com/busine...e64_story.html

[JAMESBJOHNSON]

When the worlds men voted to call their most cherished organ a JOHNSON we were proud and humbled at the same time.

[sr71plt]

Were you perhaps humbled because suddenly the world was looking at yours?

[3113]

Originally Posted by jomar

Teenie Tester is too threatening for most guys. Not for me mind you, 'cause, well...

Anyway, Peenie Tester is probably the way to go.

[Bramblethorn]

Originally Posted by 3113

Record company might have trademarked it--that is, simply by being the name on the label, it becomes trademarked. Only this person can make money off that name.

Bit more complicated than that. Trademarks are market-specific. So if one company sets up as "Orange Music" and starts selling LPs, that doesn't stop another company from setting up as "Orange Computers" and selling PCs.

Of course, if Orange Computers decide twenty years later that they want to start selling music over the Internet, they need to negotiate with Orange Music or change the name.

In a lot of jurisdictions, there's a thing called "common-law trademark" which doesn't have to be registered - if you can show that you've been using the name (logo, ...) in a specific market, you have rights to it, but it's not as strong as a registered TM. I imagine a well-known band would qualify for a common-law trademark, but I'm not an IP lawyer.

[TE999]

Originally Posted by 3113

BWAHAHAHA!

Chubby Checker should be glad his name has appeared again in any context. His last hit was in the 60's and anyone under the age of 30 has probably never heard of him unless they listen to 'Oldies' radio stations.

If any of his original fans try dancing the 'Twist' now, they'll probably need major surgery.

[JAMESBJOHNSON]

Originally Posted by Bramblethorn

Bit more complicated than that. Trademarks are market-specific. So if one company sets up as "Orange Music" and starts selling LPs, that doesn't stop another company from setting up as "Orange Computers" and selling PCs.

Of course, if Orange Computers decide twenty years later that they want to start selling music over the Internet, they need to negotiate with Orange Music or change the name.

In a lot of jurisdictions, there's a thing called "common-law trademark" which doesn't have to be registered - if you can show that you've been using the name (logo, ...) in a specific market, you have rights to it, but it's not as strong as a registered TM. I imagine a well-known band would qualify for a common-law trademark, but I'm not an IP lawyer.

There is case law where corporations confiscate trademarks of smallfry. That is, if a government agency bestows a trademark on you it can take it back for re-distribution to another person/company. This came about since SCOTUS ruled that government can redistribute private property.

[Tyro999]

Originally Posted by TE999

... If any of his original fans try dancing the 'Twist' now, they'll probably need major surgery.

Bite your tongue, TE! Sixty-mumble I may be, but I am far from being in a geriatric ward.

[Where's the raspberry smilie when I need it? ]