Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Giselle Ayala Mateus
1 Answer | Asked in Contracts and Business Law for New York on
Q: What's the law that include right-of-action related to corporate governance agreements?
Giselle Ayala Mateus
Giselle Ayala Mateus PRO label
answered on Sep 4, 2022

In the State of New York business owners, shareholders, members LLC, may file lawsuits related to breach of contract controversies in state court. For purposes of these controversies the applicable law is the New York General Business Law as well as the specific rule applicable to fiduciaries... Read more »

1 Answer | Asked in Copyright for New York on
Q: I am creating a tv show blog, may I upload trailers of the show and take pictures of it and post them on my blog?
Giselle Ayala Mateus
Giselle Ayala Mateus PRO label
answered on Aug 29, 2022

As long as you are uploading materials that are entirely yours, this means, that all pictures, sounds, and recordings are your creation, then, you should be fine. However, if any of those materials are protected by copyright and owned by someone else, it could be copyright infringement.

1 Answer | Asked in Copyright for New York on
Q: I want to write a book using the show "Brain Games." Do I need the show's permission, even if the show is on YouTube?
Giselle Ayala Mateus
Giselle Ayala Mateus PRO label
answered on Aug 29, 2022

It is unclear what you mean "using" the show. If you are doing a critique about the show or commenting about it, this could be considered fair use, and you would be free to write the book without doing much legal diligence. On the other hand, fair use requires more information and... Read more »

2 Answers | Asked in Consumer Law for New York on
Q: I brought a watch in for repair, they sent it back but the watch was missing, I only received an empty pouch. Can I sue?

The repair took 11 months. I got a call from them offering to ship the repaired watch to me. I accepted.

The box arrived last week and it contained only the empty pouch. The watch was not there. I emailed and called and finally went to the store. They claim that they had put the... Read more »

Giselle Ayala Mateus
Giselle Ayala Mateus PRO label
answered on Aug 24, 2022

If you want to recover your money, apparently damages equal to $16,000, you may file a complaint or go to small claims court. However, keep in mind that you will need to prove the existence of the contract, the terms of the contract and that you performed under the contract. If you don't have... Read more »

View More Answers

2 Answers | Asked in Business Formation, Business Law, Internet Law, Copyright and Trademark for New York on
Q: I have a DBA in NYC (advertising, marketing agency), and want to sell one of our services from a website for just that

Am I protected from having my new site's logo/idea/branding infringed upon?

The new name will be listed as a project of mine/my DBA on both websites.

Giselle Ayala Mateus
Giselle Ayala Mateus PRO label
answered on Aug 29, 2022

Let's start by saying this, ideas are not protected under the law. Secondly, branding is a very broad concept, therefore, you may need to elaborate on that. Finally, a logo may be protected under copyright or trademark law. If you have not registered the logo, it could be appropriated by... Read more »

View More Answers

3 Answers | Asked in Copyright, Intellectual Property and Trademark for New York on
Q: Hello,What are all the legal Intellectual property suggestions to take so I can protect the name, logo, brand, etc.?

How do I create a lawsuit in the event of an infringement?

Giselle Ayala Mateus
Giselle Ayala Mateus PRO label
answered on Jun 22, 2022

Dear user,

Your question is very general. However, in general terms you may protect your brand by applying a holistic approach, i.e. a little of bit of everything. Should you require further assistance our firm G.A.M. Law Office would be happy to help.

View More Answers

1 Answer | Asked in Immigration Law for New York on
Q: J1 visa will expire soon, J1 waiver is still pending, will there be any problem in waiver if I travel out of US

I am in grace period after my J1 visa has expired, J1 waiver is still pending, thus my employer cannot file H1-B petition.

I will have to travel back to India before the grace period ends. Will my waiver application still be active if I am not in US.

Once waiver arrives and I am... Read more »

Giselle Ayala Mateus
Giselle Ayala Mateus PRO label
answered on Feb 11, 2022

It depends is the answer. You need talk to an immigration attorney, specially before leaving the US.

1 Answer | Asked in Immigration Law for New York on
Q: Can I take bar exam under G4 visa? Also, can I do 50 hours of bro bono under G4 visa?
Giselle Ayala Mateus
Giselle Ayala Mateus PRO label
answered on Feb 10, 2022

Taking the bar or being admitted to the practice of law is not regulated by the US Immigration Laws. The admission to the Bar, even the right to take the exam is a matter administer by the NY Court of Appeals and the NY Board of Lawn Examiners of you have complied with their regulations, which... Read more »

1 Answer | Asked in Contracts, Consumer Law and Collections for New York on
Q: Contractor is demanding payment for 3-day job that took six months. Do I go to small claims court?

Landscaping contractor kept making mistakes on the patio job that was supposed to be 3-days. I paid for material upfront but refuse to pay the other 50% of the invoice for labor. The job took six months. The job started in July 2021, the invoice was issued in Sept 2021 and the job didn't... Read more »

Giselle Ayala Mateus
Giselle Ayala Mateus PRO label
answered on Feb 10, 2022

You could. It is necessary to review the documents that you have and whatever evidence you have collected. Many attorneys charge a flat fee to go to Small Claims Court.

1 Answer | Asked in Contracts for New York on
Q: NY vehicle repossessed. Wondering if the finance company is to notify of repo?
Giselle Ayala Mateus
Giselle Ayala Mateus PRO label
answered on Feb 9, 2022

Yes if you are in default, the finance company may repossess the car without prior notice. That does not mean that you no rights. It is necessary to review the contract to know exactly. That said, you have at least the following rights:

The right to receive a notice immediately after the...
Read more »

1 Answer | Asked in Immigration Law for New York on
Q: I have two AOS filed in EB3 . My I-485 status says "Fingerprints applied " But I-765 & I-131 stat is CASE CLOSED.

I have two AOS filed in EB3 categories.

1) Through my spouse in EB3 category. Through this We have received EAD/AP

But EAD was never used. I-485 is still pending since its Final action is not current Yet .

2) I have also applied AOS through my employer in EB3 category in Aug... Read more »

Giselle Ayala Mateus
Giselle Ayala Mateus PRO label
answered on Feb 9, 2022

You will need to review each petition separately. You may want to call USCIS or ask the employer counsel. It is probable that have already been granted a petition. However, you need to make sure first. Each petition must have an independent receipt number you can use to follow up.

3 Answers | Asked in Contracts, Real Estate Law, Business Law and Civil Litigation for New York on
Q: What is personal jurisdiction?

I'm Pro Se in a NY case and I requested a default judgment as defendants never responded or appeared in court. The defendants are also in NY and are now claiming personal jurisdiction and improper service. My understanding is that there is a time frame for them to argue personal jurisdiction.

Giselle Ayala Mateus
Giselle Ayala Mateus PRO label
answered on Feb 10, 2022

That is not a matter of personal jurisdiction at this point. You should consult an attorney.

View More Answers

1 Answer | Asked in Intellectual Property for New York on
Q: Q: Can an Ecommerce seller use Brand name with inactive status while listing the Product & avoid any infringement case ?
Giselle Ayala Mateus
Giselle Ayala Mateus PRO label
answered on Dec 7, 2021

Hi, find an answer to this question in this link: https://youtu.be/z1P9BSUmkeI

2 Answers | Asked in Civil Litigation, Intellectual Property and Small Claims for New York on
Q: I’m NYS, and I was gifted a car, given signed title, and letter

Now they want the car back how can I transfer the title

Giselle Ayala Mateus
Giselle Ayala Mateus PRO label
answered on Aug 3, 2021

You must draft an agreement and then organize the papers. You would need to file the ownership of the vehicle so that you are not charge for taxes, insurance or others dues related to the car.

View More Answers

1 Answer | Asked in Immigration Law for New York on
Q: I came in on a fiancé visa in September 2019 was married in 0ctober . I 485 was filed. In May my USA spouse died.

What will be may classification cf or iw

Giselle Ayala Mateus
Giselle Ayala Mateus PRO label
answered on Feb 21, 2021

In this kind of cases. USCIS must be notified. A death certificate must be submitted. The petition will be converted to a I-360 petition of a widower.

2 Answers | Asked in Contracts and Copyright for New York on
Q: I own a company in this same exact spelling and everything. Any advice ?

My company in the same name and same tax class, created prior to the date of this trademark filing. What do I do ?

Giselle Ayala Mateus
Giselle Ayala Mateus PRO label
answered on Feb 21, 2021

I suppose your question is if two companies with same name or trademark can coexist. Well there different considerations to make. In general terms two trademarks can exist if they are not substantially so as to cause likelihood of confusion. However, this is a legal term, one would need more... Read more »

View More Answers

1 Answer | Asked in Copyright for New York on
Q: Hello there. I’m opening a restaurant and was gonna use the DBA name as Pan Am. I know the airline is trade marked.

Will I get in trouble using the name as a restaurant?

Giselle Ayala Mateus
Giselle Ayala Mateus PRO label
answered on Jan 29, 2021

I general terms when two business of different industries have the same name this is not a problem if they as so different that consumers will not misleaded. That said, in the world of trademarks the airline could do two things if it discover that another business is using its name. It could send a... Read more »

3 Answers | Asked in Estate Planning and Probate for New York on
Q: is This legal for my dad to keep property and change ownership and then take out loans on houses in my moms sole name?

My dad the administrater changed the deeds ownership somehow to his own when my mom died intestate, she’s the sole owner of the properties. He said he is continually keeping rents from said properties when he dies maybe we will get our inheritance from them. There are 7 children. Nobody agreed... Read more »

Giselle Ayala Mateus
Giselle Ayala Mateus PRO label
answered on Oct 21, 2020

To deal with this you need to start a process in Surrogate's Court. An executor will be appointed and then your mothers property would be distributed according to the law Office cause there is no will.

View More Answers

2 Answers | Asked in Contracts for New York on
Q: Due to unforeseen circumstances with Covid we are unable to meet the minimum sales requirements of a business contract.

The contract has no force majeure section. Have we any recourse in this matter?

Giselle Ayala Mateus
Giselle Ayala Mateus PRO label
answered on Oct 9, 2020

It is necessary to review the contract to provide an effective legal answer. However, no one is oblogato the impossible, if it is really impossible. Impossibility does not mean that it is more costly, it means that there is no way to achieve that purpose. Now, to interpret what Impossible means... Read more »

View More Answers

2 Answers | Asked in Copyright for New York on
Q: Can you use celebrities as models for photoshopped works?

One of my hobbies is photo editing, and sometimes my ideas involve people. My question is, could I edit/photoshop images of a celebrity I like and post them, or would I need direct permission from them? It would be posted on a social media site, like Instagram, and wouldn’t be sold commercially.... Read more »

Giselle Ayala Mateus
Giselle Ayala Mateus PRO label
answered on Oct 6, 2020

You need to consider copyright issues considering the authorship of the original photo, that the more transformative a work is the less likely it is infringement under copyright, and that the models may have a cause if action under right of publicity if you don't have permission to use their... Read 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.