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December 19, 2014 4:00 pm - NewsBehavingBadly.com

Catherine Crump wants to trademark the last words of Eric Gardner.

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So why is she filing for the trademark? For use on “clothing, namely hoodies, t-shirts for men, women, boys, girls and infants,” according to the application.

Crump’s application was submitted to the U.S. Patent and Trademark Office on Saturday. In it, Crump says she’s been using the trademark since Aug. 18, about a month after Garner died. Garner repeated the phrase “I can’t breathe” over and over as officer Daniel Pantaleo held his arm around Garner’s neck…

Now, Crump is asking for control of the commercial use of those last words. The Smoking Gun spotted the application this week. Crump, 57, told the Smoking Gun that she hadn’t spoken to the Garner family about her application. She also said that the trademark application was not intended to allow her to make money off of the phrase, but she didn’t tell the site what other purpose it might serve.[su_csky_ad]

D.B. Hirsch
D.B. Hirsch is a political activist, news junkie, and retired ad copy writer and spin doctor. He lives in Brooklyn, New York.

26 responses to Illinois Woman Trying To Trademark ‘I Can’t Breathe’

  1. neworleans878 December 19th, 2014 at 4:11 pm

    “She also said that the trademark application was not intended to allow her to make money off of the phrase…”

    Anyone who believes that must also believe that Elvis has been sighted with Big Foot. Or that they can buy a certain bridge in New York. Or that compassionate conservatives actually exist.

    • Larry Schmitt December 19th, 2014 at 4:29 pm

      Your mention of Big Foot reminds of seeing a copy of Weekly World News (remember them?) in the check out line (I swear I didn’t buy it, but I wish I had, for posterity) that had the headline “Hillary picks Big Foot as Running Mate.” That is as believable as this woman’s claim.

      • neworleans878 December 19th, 2014 at 4:51 pm

        Bat Boy lives!

        http://en.wikipedia.org/wiki/File:Bat_Boy.PNG

        • Larry Schmitt December 19th, 2014 at 5:03 pm

          They made the National Enquirer look like the Times of London.

          • R.J. Carter December 19th, 2014 at 5:14 pm

            Oh, the multiple UFO stories I pored over from them as a child. J. Allan Hynek was quoted in all of them.

          • ExPFCWintergreen December 19th, 2014 at 7:10 pm

            Rupert Murdoch *wishes* he had the quality journalism that defined Weekly World News

  2. R.J. Carter December 19th, 2014 at 4:20 pm

    Any legal reason why she couldn’t, though?
    That’s hot. You’re fired. (Just trying to get my trademark infringing statements in.)

    • Larry Schmitt December 19th, 2014 at 4:29 pm

      No legal reason. How about a human reason?

      • R.J. Carter December 19th, 2014 at 5:12 pm

        You can’t monetize that.

    • mea_mark December 19th, 2014 at 4:31 pm

      It’s not original. It’s a common use term.

      • Larry Schmitt December 19th, 2014 at 5:04 pm

        That didn’t stop Fox Not-News from suing Al Franken for using “Fair and Balanced on his book.

        • ExPFCWintergreen December 19th, 2014 at 7:12 pm

          “Fair and balanced” wasn’t in common use at the time, which was a lame argument, but at least one that held some water. This one is transparently mercenary and quite reprehensible. (He said, as he filed an application to trademark, “I have a dream” and “Ask not what your country can do for you.”)

      • R.J. Carter December 19th, 2014 at 5:08 pm

        Hardly any sentence or phrase in existence hasn’t been uttered a million times before.

        • Robert M. Snyder December 19th, 2014 at 6:25 pm

          “I’m going over to the softball game and beat up Hitler’s widow.”.
          — George Carlin

    • neworleans878 December 19th, 2014 at 4:50 pm

      In two cases the request was denied because of common usage. OJ Simpson tried for “OJ” and Todd Beamer’s wife Lisa for “let’s roll!”

      Other wise, I’d TM Good Morning, Good After noon and Good Night. Retire to the South Pacific? Hell, I’d buy Tahiti with the gazillions that would be pouring in!

  3. mea_mark December 19th, 2014 at 4:29 pm

    If somebody was smart they would try ‘I CAN’T BReeethe …’.

  4. fancypants December 19th, 2014 at 4:32 pm

    if she doesn’t have breathing problems ? there should be a specific reason why a trademark is needed before one is granted

    • R.J. Carter December 19th, 2014 at 5:13 pm

      There is a specific reason.
      To make money. That’s the only reason anyone applies for a trademark.

      • fancypants December 19th, 2014 at 5:27 pm

        to make $$$ doesn’t justify a reason and im almost sure she doesn’t have a problem breathing

        • R.J. Carter December 19th, 2014 at 5:47 pm

          The day the patent and trademark offices start asking what your other justifications are — and making decisions based on their interpretations of those justifications — is the day Ayn Rand was right.
          I’m filing patents and trademarks this January, and believe me, the reasons are purely pecuniary.

  5. Khary A December 19th, 2014 at 4:42 pm

    This is the same as “The revolution will not be televised.” now you hear that paraphrased for commercial use everywhere. Sad times when a mans epitaph is bathed in the filth of commerce. I’m making a shirt with her face that says ” I can’t feel”.

    • R.J. Carter December 19th, 2014 at 5:13 pm

      You can get the phrase trademarked, but it wouldn’t mean much without the face, and you wouldn’t be able to get that since she’s not a public figure.

      • Khary A December 19th, 2014 at 5:59 pm

        Hmmm yeah there’s the rub. Strange how Eric Gardner is now a public figure. I imagine he never thought he’d be so famous.

  6. Candide Thirtythree December 19th, 2014 at 8:36 pm

    Parasites crawl out of the woodwork to make money off the suffering of others.

  7. whatthe46 December 19th, 2014 at 10:16 pm

    people truly make me fucking sick!

  8. rg9rts December 20th, 2014 at 6:02 am

    Won’t be granted…already in general usage…like xerox