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. Can I change wording on a brand's logo for apparel I sell?

March 7, 2025

A: Using the idea of a brand’s logo while only changing the wording presents significant legal risks, primarily concerning trademark and copyright laws. Even if you alter the text, the overall design may still be considered too similar to the original brand’s logo, leading to potential legal consequences. Video answer here: https://www.youtube.com/@UJUEducation

A trademark protects brand names, logos, slogans, and other identifiers that distinguish a company’s goods or services. If your modified logo resembles a well-known brand’s logo in terms of style, font, color, or layout, it could still create consumer confusion. This confusion could lead people to believe that your apparel is affiliated with, endorsed by, or produced by the original brand, which constitutes "trademark infringement".

Courts assess trademark infringement based on the “likelihood of confusion” test, considering factors such as:

1. Similarity of the marks – If your version maintains a distinctive look similar to the original logo, it may be infringing even if the wording is different.

2. Strength of the original brand – Famous brands like Nike, Adidas, or Gucci have strong trademark protections and aggressively enforce them.

3. Similarity of the products – Since both your apparel and the brand’s merchandise fall under the same category, the likelihood of confusion increases.

4. Consumer perception – If consumers might assume a connection between your product and the brand, it can be deemed infringing.

Brands often take legal action against unauthorized uses, leading to cease-and-desist letters, lawsuits, and financial damages.

Best Practices to Avoid Legal Issues

- Create an entirely original design that does not resemble an existing logo.

- Ensure your branding is distinctive and does not imply affiliation with a well-known brand.

- Consult an intellectual property attorney before using any designs inspired by existing brands.

Simply changing the wording while keeping the recognizable aspects of a brand’s logo is likely to lead to legal trouble. To avoid potential lawsuits, it’s best to create unique branding for your apparel rather than modifying an existing logo. ... Read More

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