Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Giselle Ayala Mateus
2 Answers | Asked in Intellectual Property and Trademark for Texas on
Q: If I am writing a book, would I be able to use 'Disneyland' as a location visited in the "past"?

I'm an aspiring writer and I do not want to overlook any details, so in the book I am writing I intend to use the 'Disneyland' name solely to express that the characters within the book visited the location at one point in the past. No rides or anything else related to the park is... View More

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Oct 4, 2024

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... View More

View More Answers

2 Answers | Asked in Trademark and Intellectual Property on
Q: Questions about Trademark

I would like to ask about the sentence that I use, such as Great things come from relentless effort, which is a continuous text. If searched for, no trademark infringement will be found. But if the word is taken alone, such as the word Effort, it will be trademarks. This is the sentence I use:... View More

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Sep 20, 2024

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... View More

View More Answers

2 Answers | Asked in Copyright on
Q: Hello im a small business owner and designer using public domain characters and images in my products

Recently my amazon seller account was shut down and I was asked to supply brand authorization (apparently a company had trademarked a public domain character ) I know that Im able to use public domain free of copyright

I have never used any assets from this trademark holder. Is there a way... View More

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Sep 13, 2024

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,... View More

View More Answers

2 Answers | Asked in Copyright, Business Formation, Business Law and Trademark for Florida on
Q: Can I create a magazine with the name Pulse
Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Sep 11, 2024

Creating a magazine with the name "Pulse" may involve potential trademark issues, as the name is quite common and could already be in use by other entities in various industries. Trademark law is designed to protect brand names and logos that are used to identify goods and services. If... View More

View More Answers

1 Answer | Asked in Contracts and Education Law on
Q: Ayuda para que Mariajose no se integre a mi sociedad

Hola, necesito que entiendas la situación en la que estoy con la empresa. María José, que se había retirado, quiere reincorporarse y esto tiene varias implicaciones. La empresa tiene una deuda de $80,000 con un interés del 10%, pero si María José se reincorpora, el préstamo sería de... View More

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Sep 10, 2024

ESTO NO ES ASESORIA LEGAL. Sin embargo, con base en los hechos presentados, estan son las precisiones que pueden hacerse:

La reincorporación de María José en la empresa, dada la estructura y el contrato social que para existir exige la aprobación de todos los socios, tiene implicaciones...
View More

3 Answers | Asked in Trademark for North Carolina on
Q: I have found some cancelled and abandoned trademarks listed on Justia, how would I go about purchasing them?

The trademarks in question were listed as Origin Systems, 710 - Cancelled - Section 8 and Bullfrog Productions, 602 - Abandoned-Failure To Respond Or Late Response. Each trademark expired in 2003 and 2001 respectively.

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Sep 10, 2024

Purchasing a cancelled or abandoned trademark can be a complex process, but it is possible to acquire them if you follow the right steps. Here’s a general guide on how you might proceed with the trademarks you’ve found:

- Use the United States Patent and Trademark Office (USPTO)...
View More

View More Answers

2 Answers | Asked in Entertainment / Sports and Gaming for Georgia on
Q: I frequent a pub where they feature music bingo.

For the final round, everyone pays $5 per bingo card. The first person to fill their entire card wins the pot, sometimes it's over $1000. Is this completely legal and is there anything to watch out for?

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Jun 12, 2024

Whether a bingo game where players pay for cards and win a cash prize is legal depends on the jurisdiction. Here are some general considerations to keep in mind:

1. Legal Framework

- Gambling Laws: Many regions have specific laws regulating gambling, which include games like bingo....
View More

View More Answers

1 Answer | Asked in Entertainment / Sports for Wyoming on
Q: Can a volunteer sports program require volunteer coaches to not drink alcohol in between games?
Giselle Ayala Mateus
Giselle Ayala Mateus
answered on May 29, 2024

In New York, volunteer sports programs generally have the authority to set conduct standards for their volunteer coaches, including policies about alcohol consumption. These programs aim to ensure the safety and well-being of the participants, maintain a professional environment, and set a positive... View More

3 Answers | Asked in Trademark and Intellectual Property for Oregon on
Q: Is "secret sauce" ( "602 - Abandoned-Failure To Respond Or Late Response" ) available to secure? If Yes, how?
Giselle Ayala Mateus
Giselle Ayala Mateus
answered on May 26, 2024

Hypothetically, under U.S. trademark law, if the trademark "secret sauce" has received the status "602 - Abandoned-Failure To Respond Or Late Response," it might be available for another party to secure.

Here's how one might proceed:

1. Check the Trademark...
View More

View More Answers

2 Answers | Asked in Trademark and Intellectual Property for Minnesota on
Q: Saint-Tropez is trademarked. Ok to use Saint Tropez for 025 clothing?
Giselle Ayala Mateus
Giselle Ayala Mateus
answered on May 24, 2024

Using "Saint Tropez" for clothing could be problematic if "Saint-Tropez" is trademarked in a related category, as it might lead to legal issues due to potential consumer confusion. Trademark laws vary by jurisdiction, and geographical names can have specific restrictions.... View More

View More Answers

2 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: Can I trademark Together We Can since the previos trademark has been abandoned
Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Apr 12, 2024

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...
View More

View More Answers

2 Answers | Asked in Constitutional Law, Contracts and Entertainment / Sports for Illinois on
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?

I wrote the music and helped them write words. They pressed up copies and won't well them to me at cost. I never gave permission to use any of the music I made and wrote. When I asked to buy copies st cost, they said no. That I would have to buy them. The concerts we all played made the money... View More

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Apr 7, 2024

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... View More

View More Answers

2 Answers | Asked in Copyright, Entertainment / Sports and Intellectual Property for California on
Q: Can I show the title and author of book in my short film if i don't' use the cover art?

The film is about a pregnant woman and the camera pans to show some of the pregnancy and parenting books she is reading. The books are not mentioned or quoted, only the titles and authors are shown. The plan is to create our own cover art but use the actual titles and authors.

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Apr 6, 2024

When featuring the title and author of a book in your short film without using the cover art, you need to consider both copyright and trademark law.

1. Copyright Law: Copyright law protects original works of authorship, including literary works such as books. Displaying the title and...
View More

View More Answers

2 Answers | Asked in Copyright, Intellectual Property and Trademark for New York on
Q: The use of famous names/trademarks in word search books.

I am creating word search books for the American market and was wondering if it is ok to use the names of famous people, such as authors and actors, or the names of games, such as Monopoly in my word lists. They would be factual and not portray anyone/thing in an unfavourable light. The words would... View More

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Mar 29, 2024

When considering including the names of famous individuals or games in word search books for the American market, it's essential to navigate copyright and trademark laws cautiously. While individual names typically aren't protected by copyright, using them in a commercial context could... View More

View More Answers

3 Answers | Asked in Copyright and Intellectual Property for New York on
Q: Is it illegal if I take/use pictures of nightclubs using my own phone/camera to use on my app that's based on NYC clubs?

I am creating an app that helps people make smarter decisions when going out. We have a lot of venues on the app and reached out to many to see if we can use their content (from Instagram and their websites) but we have not received a response yet. We have read the privacy terms on various clubs... View More

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Mar 29, 2024

In developing an app aimed at helping users make informed decisions when going out, it's crucial to consider copyright laws when using content from venues, such as photos or videos from Instagram and websites. While reaching out to venues for permission is a commendable step, the absence of a... View More

View More Answers

2 Answers | Asked in Copyright, Patents (Intellectual Property), Trademark and Intellectual Property for New York on
Q: I want to use a name that's trademarked under the entertainment/toys section, for my new tech company - am I allowed to?
Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Mar 29, 2024

Using a trademarked name for your new tech company can be legally complex and potentially risky. Trademarks are protected intellectual property, and using a trademarked name without permission could lead to legal issues, including allegations of trademark infringement.

To determine if you...
View More

View More Answers

1 Answer | Asked in Banking, Business Formation and Contracts for Illinois on
Q: My father has been offered a contract, to purchase distribution rights for his book, needs help from a lawyer

Would like to know if this is a scam or a legitimate offer

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Sep 11, 2024

THIS IS NOT LEGAL ADVICE.

To determine whether the contract offer for distribution rights is legitimate or a potential scam, it’s crucial to have a thorough review of the offer by a lawyer, especially one with experience in intellectual property and publishing contracts. Here are some...
View More

3 Answers | Asked in Business Formation for California on
Q: If I am a minor member/owner in a LLC can I sign legally binding contracts.

Contracts refer to Purchase and Sale agreement and Assignment of Contract

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Sep 11, 2024

In New York, as in many other jurisdictions, a minor (someone under 18 years old) typically lacks the legal capacity to enter into legally binding contracts. This general rule also applies to contracts signed by minor members or owners of an LLC. Here's a more detailed look at how this affects... View More

View More Answers

2 Answers | Asked in Copyright for New York on
Q: hello, I was looking to make a website like rotten tomatoes for WWE where people can rate there favorite matches and cre
Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Sep 10, 2024

It seams the question is incomplete. However, these are my comments: (THIS IS NOT LEGAL ADVICE)

Creating a website where users can rate and discuss WWE matches involves several potential legal considerations, particularly related to copyright and trademark issues. Here’s a breakdown of...
View More

View More Answers

2 Answers | Asked in Copyright, Trademark and Intellectual Property for New York on
Q: Can I get sued for using my company name VMoss Body and the other companies name is “V The Seamoss Boss”?

my company sells body soaps with seamoss. and the other company sells raw seamoss.

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Sep 10, 2024

Understanding the difference between using a name as a trademark versus simply as a business or legal entity name is crucial. Here’s what happens in each scenario:

1. Name Used as a Trademark

When a name is used as a trademark, it is intended to identify and distinguish the goods...
View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.