Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Giselle Ayala Mateus
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
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
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
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
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
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... View 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
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... View 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... View More

Giselle Ayala Mateus
Giselle Ayala Mateus
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
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... View 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.... View More

Giselle Ayala Mateus
Giselle Ayala Mateus
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... View More

View More Answers

2 Answers | Asked in Copyright and Trademark for New York on
Q: My birth name is Tia. My question is how would my name being trademarked effect my ability to use it?

My original birth name is trademarked. How would this effect my ability to use it In business? I would like to use my real name for future Business ideas and brands.

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

Before jumping to any confusion it is important to consider that a trademark registration has legal effects with respect to the class of goods or services covering the registration. This means that two trademarks with same name can co-exist if they are registered for different classes of goods or... View More

View More Answers

2 Answers | Asked in Contracts, Copyright and Gov & Administrative Law for New York on
Q: Can I create a brand called s.c.u.m or would their be a conflict ?
Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Oct 3, 2020

It is important to understand that brand and trademark are different concepts. You can create a brand using that designation, and from a marketing point it might be alright. However, from a legal standpoint it is a best practice to go through a clearance process thinking of trademark and copyright... View More

View More Answers

1 Answer | Asked in Contracts on
Q: Can an executor of an estate allocate funds to a beneficiary as soon as he is appointed if the beneficiary had no money?
Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Sep 30, 2020

Depending on the State rules change. However, before disposing of the assets of a estate an executor/administrators must deal with payment of amounts due. Then, unless there is a will he will have to determine who are the first call to receive anything. Additionally, in New York, for instance,... View More

1 Answer | Asked in Civil Litigation and Contracts for Florida on
Q: Do I have a case if I had to cancel my wedding contract location due to Covid-19 mandates and the owner will not refund

wedding location in safety harbor, florida was booked before covid-19. Contract states no refunds, but due to the pandemic and rules over 10 guest are not allowed in a vacation rental in pinellas county...... I was told I could use the credit within a year of scheduled event that would have taken... View More

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Sep 25, 2020

The answer to this questions depends on what you want to do. On the one hand, if the contract clearly states that there would be no refunds in any circumstance, probably you cannot ask for a refund. However, if there is a force majeure clause or a similar clause making exception you could be able... View More

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Missouri on
Q: I have signed a lease with a move-in date of 09/15/2020, however they did not conduct an inspection until 09/16/2020.

The landlord did not make sure that the property was deemed habitable before my move in date. They are now wanting me sign a revised move in date change lease and I refuse and want my money back.

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Sep 20, 2020

It ua necessary to review the whole contract to know whether it can be rescinded. However, it is worth mentioning that the Covenant of Habitability is part of a lease agreement. You contact a housing attorney. Good luck!

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.