Giselle Ayala Mateus

Giselle Ayala is a business, intellectual property and medial law attorney. Giselle is deeply engaged in the practice of trademark and copyright law, especially where they overlap with advertising, media, and licensing law.

She has assisted clients in obtaining trademarks and copyrights, examining contracts, privacy policies, conflicts of interest, and other compliance matters, and steering them through the creation and structuring of business entities. This varied experience has provided her with a detailed grasp of the legal domain and has honed his skills in negotiation, research, writing, and legal analysis.

Giselle has served as counsel and representative on issues related to the review and drafting of commercial contracts, creative developments, transfer of intangible rights, and business formation in the United States.

On March 27th, 2021, during the celebration of Latin Women, titled “Powerful Women”, Giselle was recognized by the New York State Assembly with a Certificate of Merit for Outstanding Entrepreneur.

• Advertising Law

• 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

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. If I am writing a book, would I be able to use 'Disneyland' as a location visited in the "past"?

October 4, 2024

A: When mentioning "Disneyland" in your book, you are likely within your rights under U.S. trademark law, particularly under nominative fair use. Trademarks like "Disneyland" protect brand identity, but your use of the name to describe a factual event—such as characters visiting the location in the past—does not violate those protections. You're not implying any affiliation with Disney or using their mark to promote your own work.

However, Disney is known to be very protective of its intellectual property, and they may claim that your use is unlicensed. To avoid any issues, you should avoid references that suggest sponsorship or endorsement by Disney, ensure that your work does not imply any official association with Disney, and be cautious not to portray Disneyland in a disparaging or misleading way, as this could lead to claims of defamation or trademark dilution.

In any case, it is always the best to get legal counsel. Remember, this a general answer is NOT Legal advice. ... Read More

Q. Questions about Trademark

September 20, 2024

A: The sentence "Great things come from relentless effort" seems as a common phrase and not unique enough to be subject to trademark protection as a whole. Trademarks typically protect specific words, phrases, logos, or symbols that distinctly identify a product or service and are used in commerce. Considering your sentence is a continuous phrase and apparently not being used to specifically identify a brand, it would not likely infringe on any existing trademarks. The combination of words in this manner is more generic, and common phrases usually don't qualify for trademark protection because they lack distinctiveness or originality.

However, individual words like "effort" could be trademarked depending on the context, industry, and how they are used commercially. But this provably would not affect your ability to use the word in a general sense within a broader sentence. As long as you are not using it in a way that confuses consumers into thinking your product or service is associated with another business that holds the trademark, you should be safe. Always check specific trademarks to ensure there’s no conflict if you intend to use phrases commercially or in marketing.

Additionally, you may want to consult with a trademark attorney before investing in this or any other trademark.

THIS IS NOT LEGAL ADVICE ... Read More

Q. Hello im a small business owner and designer using public domain characters and images in my products

September 13, 2024

A: As a small business owner using public domain characters, it's crucial to understand the difference between copyright and trademark law, especially when selling on platforms like Amazon. Public domain works are free from copyright, allowing you to use them without restriction. However, companies may still trademark certain aspects of these characters, such as specific logos, brand names, or merchandise. This could be the reason why Amazon requested brand authorization, even though you have not infringed on any copyrights.

The first step is to gather evidence proving that the characters you are using are in the public domain. This can include publication dates, expiration of copyrights, or legal references that confirm the character’s public domain status. By providing this information, you can show Amazon that no copyright exists on the character itself, and you are within your legal rights to use it in your products.

In your appeal to Amazon, clearly explain that your use of the character does not violate trademark laws either. While a company may hold a trademark for a specific use, such as a logo or branding, that does not extend to all uses of a public domain character. Emphasize that you have not used any trademarked logos, designs, or brand-specific elements from the company in question. You are only utilizing a character that is free for public use.

Additionally, check the specifics of the trademark claim by searching the U.S. Patent and Trademark Office (USPTO) database. This will help you identify exactly what the company has trademarked and confirm that your use does not overlap with their protected categories. If your products don’t infringe on the registered trademarks, use this information to further support your case in the appeal.

Finally, it may be wise to consult an intellectual property lawyer to ensure your appeal is strong and addresses all relevant points. Amazon's appeals process can be strict, and having legal support will help ensure you present your case clearly and effectively. With the right documentation and a well-crafted appeal, you can show Amazon that you do not need brand authorization and continue selling your products. ... Read More