HP Can't Ditch IP Claims In 'Chubby Checker' Penis App Suit

Law360, New York (August 16, 2013, 2:18 PM ET) -- A California federal judge on Thursday denied an attempt by Hewlett-Packard Co. and Palm Inc. to dismiss federal trademark infringement claims brought against “The Chubby Checker” penis measurement app by the famous musician.

U.S. District Judge William Alsup did toss out Pennsylvania and California state claims against HP, ruling that the Communications Decency Act protected the tech giant from litigation because it was not the publisher of the app, but merely its provider.

HP attempted to have the federal claims tossed by arguing that the complaint...
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Case Information

Case Title

Evans et al v. Hewlett Packard Company et al


Case Number

3:13-cv-02477

Court

California Northern

Nature of Suit

Trademark

Judge

James Donato

Date Filed

June 3, 2013

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