By Giselle Ayala Mateus and Daniela Iguaran

Image for post
Image for post

Think about your top-of-mind brands in the detergent category, what comes to your mind first? It may be Tide or Persil, but I am pretty sure you don’t really know what is the company or brand that manufactures and distributes these products. Well, in the case of products that are part of the large portfolio of goods this is not uncommon. That brand that consumers recognize to select several products produce or manufactured by the same company is a “House mark” The concept of “House Mark” refers to a trademark used through the company’s commercial operation to promote several products in the same general category. A house mark can be a random designation or the name of the Company in charge of the design, production, distribution, and control over the product that goes directly to the consumer when there are many intermediates involved in the process of production. …


Image for post
Image for post

As a result of a procedural error, a New York federal court fully restored the DACA Program. The remarkable decision was issued on December 4th, 2020. Following the Supreme Court’s decision in Dep’t of Homeland Security v. Regents of the Univ. of California, 140 S. Ct. 1891 (2020), where the court decided that the DHS order to rescind the DACA immigration program was “arbitrary and capricious” under the Administrative Procedure Act (APA) and reversed the order, Chad F. Wolf, DHS’s Secretary issued a memorandum that effectively suspended DACA. However, the order again was unsuccessful.

In its decision, the United States District Court for Eastern District Of New York explained that on November 14, 2020, it has been declared that held that Mr. Wolf was not lawfully serving as Acting Secretary of Homeland Security when he issued the memorandum, because the Department of Homeland Security (“OHS”) failed to follow proper protocols as required by the Homeland Security Act (“HSA”). Accordingly, it was ordered by the court…


Image for post
Image for post

Visual artists and cartoonists are always looking for inspiration to create new characters. Their inspiration can come from fictitious stories or from the special characteristics of real people. This is important because in the world of art and entertainment knowing about the stories behind a great character is as important as the character and the story itself. However, this is also important because of the legal issues surrounding the use of real people’s features for commercial purposes.

When an artist creates a character inspired by a real person it is important to determine whether the resulting product portraits a real person or whether it only reflects some of its characteristics traits. If an individual can successfully argue that a character is actually portraying his “persona” and that the character attributes are not general, he or she could be entitled to monetary compensation, injunctive relief, and more. …


Image for post
Image for post

The creation of a piece of art, a drawing, a cartoon, a tv show, or any other creative work can be the result of an individual’s work or the product of the joint efforts of several individuals. In this context, if two or more individuals are involved in a creative process, it is necessary to determine what are the rights of each party. A copyright interest grants to the author of a work the right to restrict the unauthorized use of his creation, and the right to decide how, where, and when can the work be used, copied, or displayed. In this context, when a work is created by one person but the copyright interest is owned by another, such a work is called a “work for hire” and the copyright interest is assigned to the person who hires the performer. …


Image for post
Image for post

Incorporation offers many advantages to those who want to get involved in a project or an enterprise, whether it is for-profit or not. In fact, one of the main reasons a person decides to incorporate is to limit his/her own personal liability, so that the assets and debts of the legal entity remain separated. However, those who want to get the benefits of the corporate veil must follow corporate formalities and maintain proper records of the day-to-day activities of the legal entity.

To follow proper formalities it is important, among others, to formalize in writing the corporate decisions. In other words, it is necessary to created corporate minutes of each meeting held by the Board of Directors, the Board of Officers, or any other meeting held by the members, managers, or representatives of a legal entity or an organization. …


Image for post
Image for post

A trademark is that unique symbol you chose to distinguish what you do, what you sell, or what you and your enterprise represent. Unlike other assets that a person, an entity, or an organization has, a trademark gains value with time. Thus, it is very important to know how to protect it. Now, many clients come to the office with the intention to register a trademark, but they have not really thought carefully about the process or those preliminary considerations that could save them time and money.

The process to register a trademark starts way before filing. To properly protect and register a trademark, it is important to think about two concepts: Clearance and Use in commerce. Why are these two concepts so important? …


Image for post
Image for post

After all the time and focus that took to get your green card and later your citizenship, it is so taught to see that the USCIS actually messed up and gave you a wrong name. Well, we can fix that.

Clerical errors on naturalization certificates can be corrected using Form N565. For this purpose, we should have a copy of the documents or forms filed by the applicant in his petition for adjustment of status and in the request for citizenship. If the applicant does not have these documents, we would work with whatever we have. Why is this so important? Under 8 CFR §334.5, no change to the applicant’s name may be effected where the applicant stated that the name was correct on the original application. In other words, to make a change to the Naturalization Certificate, we must prove that the mistake was made by the USCIS, not the applicant. In fact, In Matter of ___ (AAO Feb. …


Image for post
Image for post

First things first. The green card is the consequence of a real marriage.

One of the most common ways of getting a green card is through marriage. However, no one is allowed to enter into marriage only for the purpose of getting an immigration benefit. In fact, those who enter into marriage only for the purpose of getting a benefit a green card could end up in big trouble.

That said, a U.S. citizen or a U.S. resident may file an immigration petition on behalf of his/her spouse if they entered into a real marriage. This means, that the marriage must be recognized as a legal marriage in the state where the couple married. …


Image for post
Image for post

At the of a business relationship, everyone wants to take his part of the deal and walkway. From the start to the end of a business relationship it is important to put things in writing so that each party knows its rights and responsibilities. The document describing such a business relationship should be drafted to address, among others, what will happen with the assets and liabilities of the business. If the document was complete enough the possibility of a conflict is less.

Defining the terms applicable to your ending relationship

The first step before we know what is going to happen with the intellectual property of the business is to understand the terms applicable to your ending relationship. Here it is important to know whether the business relationship resulted in the incorporation of a legal entity such as a corporation or an LLC, or whether you were under another form of business organization. …


Image for post
Image for post

A corporation as opposed to other forms of business organization is managed by the Board of Directors. The Board is elected by the corporation’s owners to handle the day to day activities of the business. Accordingly, it must meet with some regularity. The Board of Directors meets according to the rules of the corporation, this is the By-Laws. The By-Laws determine when and where the Board can meet, what topics they can discuss, what decisions the Board can make, and what formalities the Board can follow to meet extraordinarily.

Why are the meetings of the Board important?

The Board of directors of a corporation is in charge of handling the corporation’s businesses on behalf of the shareholders. Basically, to make it viable and to make profits. As a result of that, directors are subject to a series of fiduciary duties of diligence, good judgments, good faith, and loyalty. If the members of the Board never met they will not be able to properly conduct the corporation and any mistake will be adjudicated to them seriously. Additionally, it is also important to understand, that usually, all members of the Board are responsible for the decisions that are taken during the meetings, if there is enough quorum to approve. …

About

Law Office of Giselle Ayala Mateus

Giselle Ayala is an attorney focused on immigration, business, marketing, and artist’s transactions.

Get the Medium app

A button that says 'Download on the App Store', and if clicked it will lead you to the iOS App store
A button that says 'Get it on, Google Play', and if clicked it will lead you to the Google Play store