In this service mark infringement case, Boston Athletic Association (BAA) and Image Impact, Inc. (Image) appeal the denial of their motion for summary judgment and the concurrent granting of the defendants, Mark Sullivan d/b/a Good Life (Sullivan) and Beau Tease, Inc. (Beau Tease), motion for summary judgment. This case arises out of the sale by the defendants of T-shirts (hereinafter called shirts) and other wearing apparel with designs alleged to infringe on BAAs service marks "Boston Marathon," "BAA Marathon" and its unicorn logo. We agree with the district court that there are no genuine issues of material fact, but disagree with the district courts determination of which side was entitled to summary judgment. We, therefore, reverse.