Litigation is a machine which you go into as a pig and come out as a sausage - Ambrose Bierce, allegedly
HP HAS SETTLED out of court with US singer Chubby Checker over an app designed for its now defunct Palm devices.
The 99c "Chubby Checker" app claimed to calculate the size of a gentlemens "chubby", used here as a euphemism for dinkle, by asking for their shoe size.
Checker, real name Ernest Evans, had brought a "multi-million dollar lawsuit" against HP, citing the need to preserve the "integrity and legacy" of "one of the greatest musical entertainers of all time".
One of the greatest musical entertainers of the 20th century, Chubby Checker is best known for his cover of the 1959 Hank Ballard and the Midnighters track, "The Twist".
Mr Checker's lawyer, one Willie Gary, believed that Palm was not an appropriate place for a Chubby app, in case being connected to it rubbed off on his reputation.
The part of the claim that was filed under the US Communications Decency Act had already been dismissed by the court, making it harder for Mr Checker, but claims of breach of trademark were continuing and due to reach trial this October.
Terms of the settlement have not been disclosed, and neither side has admitted any wrongdoing beyond rubbing each other the wrong way. HP has agreed not to use any Chubby Checker related trademarks, likeness or service marks again, and presumably Checker will refrain from singing songs about multi-function printers.
The Chubby Checker app had been downloaded less than 100 times and would have made little or no money for HP, suggesting that it is probably easier just to use a ruler. µ
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