The lawsuit was filed on Monday, Feb. 11 in St. Lucie County Federal Court against technology giant Hewlett Packard and its subsidiary Palm, Inc. cting a software application called “Chubby Checker” for Palm products. 

Neither Hewlett Packard nor Palm have been given permission directly, indirectly or otherwise to maintain the app, the plaintiffs said.

The firm said the lawsuit details the irreparable damage and harm that Hewlett Packard’s bad business dealings caused Chubby Checker and his company, and further states that despite numerous attempts to cease the app, Hewlett Packard refused to dismantle the operation and, therefore, continues to perpetuate degrading and derogatory content directly linked to Chubby Checker.

The firm said the app adversely affects Chubby Checker’s brand and value, and if allowed to continue, will cause serious damage to the Plaintiff’s goodwill and tarnish the image he has worked to maintain over the last 50 years.

The lawsuit alleges that Hewlett Packard’s and Palm’s actions, if not stopped immediately, will permit the defendants to enjoy profits to which they are not entitled.

“This lawsuit is about preserving the integrity and legacy of a man who has spent years working hard at his musical craft and has earned the position of one of the greatest musical entertainers of all time,” Gary said.

“We cannot sit idly and watch as technology giants or anyone else exploits the name or likeness of an innocent person with the goal of making millions of dollars. 

“The defendants have marketed Chubby Checkers’ name on their product to gain a profit and this just isn’t right.”

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