U.S. District Judge William Alsup in San Francisco ruled that Ernest Evans, who is known professionally as Chubby Checker, will be able to move forward with a trademark infringement claim against HP and its Palm unit. If you step back and consider what the app is for - 'Palm unit' is just funny.

According to Reuters, HP spokesman Michael Thacker on Friday said the app was not created by HP or Palm. "It was removed in September 2012 and is no longer on any Palm or HP hosted website," Thacker said.

Chubby Checker first gained fame in 1960 when his recording "The Twist" rose to No. 1 on Billboard Magazine's hot singles chart, where it remained for 18 straight weeks, according to the lawsuit. It inspired an international dance craze in the early 1960s and has been a mainstay at dance parties ever since.

HP began offering "The Chubby Checker" app for sale in 2006, which purports to estimate the size of a man's genitals based on his shoe size, according to the ruling. "The name 'Chubby Checker' is thus used as a vulgar pun," Alsup wrote.

The musician informed HP that the app violated his trademark, and he sued earlier this year.

Alsup did dismiss other claims brought by Evans, but gave him a chance to refile the lawsuit to try to move forward on them.

That is about the size of it and I am certain that there will be a 'Twist' to this suit as the case unfolds.