A roundup of entertainment law news including the Sony's troublsome Playstation hack and Fox's (significant) "Glee" problems in the U.K.
Ernest Evans, the singer-songwriter who performed as Chubby Checker, sued HP last year for selling the app under the punning title "the Chubby Checker." In the settlement, filed July 22, HP admits no liability but agrees not to make use of the singer’s stage name, related trademarks or likeness.
The suit had claimed contributory trademark infringement against the software company, as the app was designed and named by a third party but approved by HP for sale in its app store.
The company claimed in a motion to dismiss that it had authorized the app without knowledge of Chubby Checker’s trademarks, and that upon learning of them in the 2012 cease-and-desist letter from Evans’ attorneys, had removed the app within days. A judge sided with Evans that he was "internationally known" as Chubby Checker and that HP's "detailed" app approval process should have discovered his name. Evans' trademark infringement claims were allowed.