Illinois woman tries to trademark 'I can’t breathe' for use on hoodies, T-shirts

Esaw Garner, the widow of Eric Garner, speaks during the National Action Network National March Against Police Violence
Esaw Garner, the widow of Eric Garner, speaks during the National Action Network National March Against Police Violence in Washington December 13, 2014. REUTERS/Joshua Roberts (Reuters)

An Illinois woman apparently wants to capitalize on the death of Eric Garner by trademarking his final words: “I can’t breathe.”

Catherine Crump, 57, says she has been using the phrase for commercial purposes since “at least as early as” Aug. 18, a month after Garner’s death, according to her trademark application.

It appears that she wants to corner the market now that the dying man’s final words have become a rallying cry for protesters.

On Dec. 13, she filed an application, obtained by Yahoo News, with the United States Patent and Trademark Office to register “I can’t breathe” for use on hoodies and T-shirts for adults, children and infants.

Crump, who lives in Waukegan, Ill., about 40 miles north of Chicago, told the Smoking Gun she has no connection with the Garner family of Staten Island, N.Y., and did not consult with them before seeking the trademark.

Crump said she didn't file the $325 application to make money, but she declined to provide another reason, according to the Smoking Gun.

Garner’s confrontation with police on July 17 received widespread attention in part because it was recorded on video.

The subsequent nonindictment of NYPD Officer Daniel Pantaleo, who choked Garner, led to large protests against racism and police brutality in many America cities.

Many protesters, including professional athletes like NBA star LeBron James, started to wear “I can’t breathe” shirts.

As part of the backlash, Indiana’s South Bend Uniform Co. started selling T-shirts that read, “Breathe easy / Don’t break the law.”

When contacted by Yahoo News, U.S. Patent and Trademark Office spokesman Paul Fucito said the office does not comment on trademark applications.

Crump did not immediately return a phone call from Yahoo News.