Chubby Checker Trademark Infringement Lawsuit Settled
Fort Lauderdale attorney Michael I. Santucci, who is a managing partner of Santucci Priore, P.L, and Daniel Devine of Santucci Priore P.L., helped settle a federal lawsuit regarding intellectual property rights owned by Ernest Evans, the legendary musical artist commonly known as “Chubby Checker.”
Chubby Checker is best known for his hit song “The Twist” which rose to #1 on Billboard Magazine’s “Hot 100” singles chart. In 2008, “The Twist” was selected by Billboard as the #1 all-time song on its “Hot 100” 50th anniversary chart. “The Twist” inspired an international dance craze in the early 1960’s, and is still popular in dance parties around the world. The legendary musician has reached a settlement with Hewlett-Packard Company and Palm, Inc. over a lawsuit filed in the Northern District of California in February 2013.
In October 2006, Palm users through the Hewlett-Packard App Catalog were able to download “The Chubby Checker” app which allowed users to estimate the size of a man’s penis based on his shoe size. According to the Complaint, Mr. Evans claimed that Hewlett-Packard and Palm had “full knowledge of the icon-status of Mr. Evans and Plaintiffs’ famous Chubby Checker marks” when it offered the app for sale. HP denied such claims, but U.S. District Court Judge William Alsup allowed the case to continue, noting that he found it unlikely that the musician would have consented to license his name to such a product. In the agreement filed with the Court, HP denied liability but agreed not to make any future use of Mr. Evans’s stage name, trademarks and service mark, including “Chubby Checker”, “Chubby Checker’s Snacks King of the Twist Food Products”, “Chubby Checker’s New York Twist” or any other registered mark.
Mr. Santucci commented that the “matter was resolved to the mutual satisfaction of all parties.” Chubby Checker continues to make music and tour around the country.
Mr. Evans was represented by Michael I. Santucci and Daniel Devine of Santucci Priore, P.L. in Fort Lauderdale, Florida and Mr. Willie E. Gary of Gary Williams Parenti Watson & Gary P.L.
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