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I DIG TEXAS, LLC v. CREAGER

No. 23-5046.

I DIG TEXAS, LLC, Plaintiff Counterclaim Defendant-Appellee, v. KERRY CREAGER, Defendant-Appellant, CREAGER SERVICES, LLC, Defendant Counterclaimant Third-Party Plaintiff-Appellant, v. THOMAS MAREK; MARY MAREK, Third-Party Defendants-Appellees. DIGITAL JUSTICE FOUNDATION, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

April 12, 2024.

Attorney(s) appearing for the Case

Evan W. Talley ( Douglas J. Sorocco , Jim V. John , and Jacob Oliphant with him on the briefs), Dunlap Codding, P.C., Oklahoma City, Oklahoma, for Appellants.

Zachary A.P. Oubre ( Ronald T. Shinn Jr. with him on the briefs), McAfee & Taft, Oklahoma City, Oklahoma, for Appellees.

Andrew Grimm, Digital Justice Foundation, Omaha, Nebraska, for Amicus Curiae.

Before and Circuit Judges.

This appeal involves advertisements pitting competitors against each other. In the pertinent advertisements, one seller targeted consumers wanting to buy American-made products. To target these consumers, the seller used copyrighted photographs of a competitor's products to underscore their connection to China. These advertisements...

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