The Baer Gallery, Inc. v. Citizen's Scholarship Foundation of America, Inc., Now Known as Scholarship America, Inc.

WOLLMAN, Circuit Judge.

The Baer Gallery, Inc. (Baer Gallery) sued Citizens’ Scholarship Foundation, Inc., now known as Scholarship America, Inc. (Scholarship America) for fraud and breach of contract. The district court 1 granted summary judgment in favor of Scholarship America, and Baer Gallery appeals. We affirm.

I

Baer Gallery is owned by artist Dean Baer and exists to promote his artwork. Following the September 11, 2001, terrorist attacks against the United States, Baer was inspired to paint a rendering of the U.S. flag (the Image). To ensure that the Image was used for a good cause, Baer…