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Questions Answered by Giselle Ayala Mateus
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...
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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

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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...
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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

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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

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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...
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3 Answers | Asked in Copyright, Entertainment / Sports, Trademark and Intellectual Property for New York on
Q: A colleague (musician-turned-lawyer) and I have written a musical piece together.

A colleague (musician-turned-lawyer) and I have written a musical piece together. Can he himself represent the music legally and handle the copyright registration? He would also have to be the legal third-party regarding the publishing company. It seems to me this would all present a conflict of... View More

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Mar 10, 2023

If you and him are business partners, one may thing that their interests are aligned. However, it may not be the case for ever. It is a good practice to have independent counsel. Thereafter, you can make an informed decision as to who should be in charge of the legal aspects of the registration of... View More

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3 Answers | Asked in Civil Litigation, Contracts and Small Claims for New York on
Q: If you have gotten a judgement in small claims court and the contractor refuses to pay, do u have options
Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Dec 9, 2022

Usually a judgment includes a time to comply. If the party who loses does not comply you will need to start an action to enforce the judgment. You may request an order to be paid from the contractor assets, like a bank account.

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1 Answer | Asked in Business Formation and Immigration Law for New York on
Q: Can I start a business, register to E-Verify and work on a side startup while maintaining my full-time job on STEM OPT?

Hi, I'm a current Post Completion OPT employee and am in the process of applying for my STEM OPT extension. My OPT and STEM OPT extension are based on my full-time employment in the US.

My question is: Can I start a business of my own, register to E-Verify and work on a side start-up... View More

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Nov 18, 2022

E-Verify is for Established US Employers. You OPT only allows you work for a US employer. This could be interpreted as working without authorizarion. You should get legal counsel first.

1 Answer | Asked in Immigration Law for New York on
Q: Hello, Can a gay G4 visa holder (non decision) from a LGBT-persecuting country apply for a Green Card.

I am a current LGBT G4 holder working for an International Organization (non-decision-making role) and from a country where LGBTQ people are persecuted. Instead of the asylum route can I apply for a Green card under the Section 13 (Diplomat) route?

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Nov 18, 2022

There is a provision of immigration law that allows certain long-term international organization employees and their eligible family members to apply for special immigrant status and become permanent residents of the U.S. (get a Green Card) as long as their organization remains recognized.

3 Answers | Asked in Contracts and Employment Law for New York on
Q: I a am contractor and the contract expired but business still pays me and I still provide service what obligations exist

The contract had a Termination clause that explicitly noted that it ended on a specific date last year. Under the contract IP I created during the period of the agreement would belong to the company. The contract also guarantees a profit share as part of the compensation. The contract is governed... View More

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Nov 7, 2022

If the contract expired but you are still performing services, there maybe an argument that this is a contract agreed to by the conduct of the parties. The problem is that account to the Statute of Frauds can enforce the terms of this non-written agreement if you ask more than $500.

That...
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2 Answers | Asked in Trademark for New York on
Q: How do I legally use an already trademarked character?

I'm Looking to use a Disney character. Rather a warner brother character for a piece in my clothing line

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Apr 9, 2024

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.

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3 Answers | Asked in Immigration Law for New York on
Q: I am applying for citizenship. My question is with question "Have you EVER lied to any U.S. Government officials etc.

I did lie to officers in my birth country 2013, which is 10 years ago, to get a visa to get into america.

I am now married and nothing else like this has happened.

Since it's over 5 years ago, will this effect my application?

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Dec 5, 2022

You need to hire legal counsel. It would be the best to do a FOIA requesting a copy of all your documents and then file the citizenship. A lied could to US officials can have serious immigration consequences.

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3 Answers | Asked in Contracts and Landlord - Tenant for New York on
Q: I want to cancel a lease on an apartment I havent moved into yet, they are saying have to pay 2 months rent?

I signed a lease and gave a deposit. Not scheduled to move in until 1/19/2023. Today is 11/21/2022. Requested to cancel, haven't even looked at the place, requested cancellation less than 2 weeks after I secured it. They are saying even though I haven't moved in and wont for 60 more days,... View More

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Nov 21, 2022

It depends of the agreement, the execution and the reason for cancelling.

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2 Answers | Asked in Copyright and Trademark for New York on
Q: As a life coach I'd like to include a link to a published song I'd send my client post-session for inspiration.

Am I infringing on copyright permission/issues?

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Nov 18, 2022

Including a link in a document or instructional material raises no issues in terms of copyright if the copyright owner is the one who made the material public.

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1 Answer | Asked in Contracts and Employment Law for New York on
Q: I got fired for not being vaccinated. The Supreme Court rescinded the mandate. Official November 1st 2022. Can I sue?

There was a private business vaccine mandate on 27th December 2021. My company forced me to use my remaining sick, and vacation days. Then when they were all depleted. They fired me January 10th 2022. Today they announced that The Supreme Court rescinded the mandate effective November 1st, 2022.

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Oct 25, 2022

This seems to be the question about employment law. Whether the decision to fire you is legal depends on many aspects including, whether you had a contract in writing specifically saying you should be fired for cause.

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
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... View 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
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
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... View 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... View More

Giselle Ayala Mateus
Giselle Ayala Mateus
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... View More

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