Giselle Ayala Mateus

Hi, I Am Giselle!
Owner/Founder

I am deeply engaged in the practice of trademark and copyright law, particularly as they intersect with advertising, media, and licensing law. With a Master of Laws degree in business law, my career spans various roles in commercial litigation and transactional law.

I have aided clients in securing trademarks and copyrights, reviewing contracts, privacy policies, conflicts of interest, and other compliance issues, and guiding them through the formation and organization of business entities.

• Free Consultation
• Credit Cards Accepted

New York

New York State Office of Court Administration

ID Number: 5724505

Principal Attorney

G.A.M Law Office P.C.

2020 - Current

Attorney

Law Office of Richard La Salle

2020 - 2020

Brooklyn Law School

LL.M. (2018) | Business Law

2017 - 2018

State Bar of New York  # 5724505

Member

Current

American Immigration Lawyers Association New York Chapter

Current

New York Intellectual Property Law Association

Co-Chair Publications Committee

2019 - Current

Andy Warhol’s Pop Art Makes it to the U.S. Supreme Court. Is the Prince Series Artwork Fair Use?

New York Intellectual Property Law Association

July 1, 2022

End of the year Trademark Law Review

NYIPLA

January, 2022

How Endorsement Agreements Work, Contract Tear Down Show

June 9, 2022

Law Insider

Celebrity influencer agreements are a special breed of product endorsement contracts. Watch as attorney Giselle Ayala tears down Shaq’s agreement with Papa John’s, in which the famous basketball player-turned-pizza-guru agrees that the company can use his image to create unique advertising content. There’s a lot to learn about how contracts can protect influencers and make big companies happy with their endorsement deals, so let’s tear it down!

Q. Can I trademark Together We Can since the previos trademark has been abandoned

April 12, 2024

A: When considering trademarking "Together We Can," it's crucial to conduct thorough research to ensure the name is available and eligible for trademark protection.

Start by searching the United States Patent and Trademark Office (USPTO) database to confirm that the previous trademark for "Together We Can" has indeed been abandoned. If it has, you can proceed with filing your own trademark application. However, keep in mind that trademark registration can be complex, and it's advisable to consult with a trademark attorney to navigate the process smoothly and maximize your chances of approval.

Additionally, ensure that "Together We Can" meets the criteria for trademark registration, including being distinctive.

Protecting phrases through trademark registration can be complex due to several factors. First, phrases must meet certain criteria to qualify for trademark protection, such as being distinctive, not merely descriptive, and not generic.

Additionally, phrases may face challenges during the registration process if they are too common or widely used. This can make it difficult to establish exclusive rights to the phrase, as it may be deemed too generic or lacking in distinctiveness.

Furthermore, phrases can be subject to more scrutiny during the examination process compared to other types of trademarks, such as logos or slogans.

Moreover, the scope of protection for phrases can vary depending on factors such as the degree of distinctiveness, the goods or services associated with the mark, and any existing trademarks that may be similar or related.

Overall, protecting phrases through trademark registration requires careful consideration of legal requirements, potential challenges, and the specific context in which the phrase will be used. ... Read More

Q. How do I legally use an already trademarked character?

April 9, 2024

A: In simple terms, using a trademarked character without permission is like using someone else's property without asking. To legally use it, you need to get permission from the owner, usually through a license agreement. This ensures you're following the rules and respecting their rights.

Q. I volunteerd w/ a nonprofit for adults w/ disabilities a place to make music. Shouldn't I get free CDs of music we made?

April 7, 2024

A: In situations where multiple individuals collaborate on creating music, it's crucial to establish clear agreements regarding ownership, distribution, and compensation. If you've contributed to the creation of music and lyrics but haven't given permission for their use, you may have grounds to address the matter with the parties involved. However, each case can vary based on factors like contracts, agreements, and the nature of the collaboration.

It's advisable to communicate directly with those responsible for producing and selling the albums to discuss your concerns and negotiate fair compensation or access to copies at cost. It's essential to understand that this information is provided as general guidance and is not a substitute for legal advice. If you're facing such a situation, consider seeking legal counsel to explore your rights and options effectively. ... Read More