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Discussion The initial issue to be decided is what standard of review governs this appeal. A.L.M.N. argues that a summary judgment standard of review applies: whether the lower court erred in granting the motion because a genuine issue of material fact existed, assuming evidence most favorable to the non-moving party to be true. The Rosoffs, however, argue that because the lower court conducted a "trial by affidavit" and granted a permanent injunction, we merely need to examine the record to determine whether the lower court abused its discretion in making its decision.

We are convinced, however, that the court based its decision to grant permanent injunctive relief on its initial conclusion that summary judgment was appropriate. The court first granted the summary motion, and later amended its summary judgment order to include the permanent injunction as a remedy. Because the court's permanent injunction is based on a legal determination that summary judgment could properly be granted under the circumstances, we conclude the proper standard of review is that for summary judgment, and not merely whether the court abused its discretion. See Coca-Cola Co. v. Overland, Inc., 692 F.2d 1250, 1253 (9th Cir.1982) (summary judgment standard of review appropriate for trade mark dispute when district court granted summary judgment and permanent injunction). Therefore, we must decide--assuming evidence favorable to A.L.M.N. as true--whether the district court erred by concluding, on summary judgment, that A.L.M.N. infringed the Rosoffs' tradename.