Through the HP store (since 2006) it was possible to download the Chubby Checker app. An app that links the shoe size of a man with his genitals. The app is not a sales success (according to HP, approximately 80 units were sold). After the cease and desist from Evans HP immediately removed the app. For Evans, this was not enough, however, he also wants compensation for the abuse of his name.
HP claims not to be responsible for damage caused by third parties. Not HP but someone else offered the app in the HP store. The judge is disagreed. HP has strict requirements that an app has to meet and therefore should have known of trademark infringement. The court awarded Ernest Evans’ compensation claim. In Europe and the Benelux many athletes and artists registered their name and likeness. Be forewarned not to use their name or portret.
