Waukegan Woman Wants to Corner 'I Can't Breathe' Clothing Market

Chicago Bulls guard Derrick Rose wears an “I Can’t Breathe” T-shirt in pregame warm-ups Dec. 6.

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Although a Waukegan woman is the first to file a trademark application to use ”I Can’t Breathe” on clothing, that doesn’t mean she’ll be allowed to corner the market on the phrase associated with Eric Garner and other police-related deaths of unarmed black men.

Catherine L. Crump, 57, turned in her application Dec. 13 with the U.S. Patent and Trademark Office, according to a Chicago Tribune report. The application cited use of the phrase on clothing, such as hoodies and T-shirts, and claimed she started using that phrase Aug. 18 on those kinds of items, which she sold, the report stated.

READ MORE: Check Out the Full Chicago Tribune Story for More Details

A grand jury Dec. 3 failed to indict the New York City police officer who applied a chokehold to Eric Garner, the black man who died July 17 after the incident. Garner told police, “I can’t breathe,” while he was in the hold. That phrase has been been a rallying point for protesters across the country and social justice activists on social media. Celebrities and athletes, such as Chicago Bulls guard Derrick Rose, have even worn T-shirts with the quote.

Legal experts told the Tribune that Crump, who declined to speak to a reporter from the newspaper, isn’t guaranteed a trademark, even though she was the first to apply for one. She also needs to prove she was the first person to use the phrase on the clothing listed in the application, the report stated.

If she’s granted a trademark for ”I Can’t Breathe,” it would only apply to the types of clothing mentioned in the application, the report added.