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

• Google Meet
• Skype
• Zoom

• 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. Is using various photos as reference for publishing art under Fair Use?

April 7, 2025

A: 1. Using Referenced Images for Commentary or Analysis

Including the original reference images alongside your ex-partner’s artwork for the purpose of commentary, critique, or scholarship can potentially fall under Fair Use, especially if:

The inclusion transforms the original material (i.e., used to analyze how it was incorporated into new artwork).

The purpose is educational, critical, or documentary—not purely commercial.

The amount used is limited to what is necessary for the analysis.

The market effect is minimal (i.e., it doesn’t replace or devalue the original works).

2. Image Source & Copyright Ownership

Here’s how the origin of the images may affect things:

Work-for-hire images: If you were paid to create photos under a contract that designates them as work-for-hire, you likely do not own the copyright, even if you took them. Reproducing them—even in small sizes—without permission may be problematic.

Photos from the internet (not yours): If these weren’t yours to begin with, using them without knowing their source or rights status can be risky. Even if your ex used them for reference, reproducing them might require permissions unless Fair Use clearly applies.

Personal photos (e.g., family events): If you took them and own the copyright, you have more leeway to include them—although privacy concerns could come up depending on the context and people shown.

3. Size, Format, and Context Matter

Thumbnail-sized images used for reference or commentary are more likely to be considered Fair Use. Courts have found reduced-size images for indexing or comparison purposes (like in Perfect 10 v. Amazon) to be permissible.

Full-size or high-res images increase risk—especially if the image itself is highly expressive, commercial, or being used beyond what's necessary to make your point.

The context of publication (e.g., a gallery book, academic study, online exhibit) can influence the Fair Use analysis—educational and nonprofit uses are more favorably viewed than commercial ones.

THIS IS NOT LEGAL ADVICE ... Read More

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