Attorneys say Danette Pimentel violating court ban

By Andrew Webb
Journal Staff Writer

The Pimentel guitar-making family says the ex-wife of musician Hector Pimentel continues to promote guitar music using the family name despite a permanent injunction barring it.

Attorneys for Pimentel & Sons Guitar Makers Inc. this week filed a motion requesting that Danette Lovato Pimentel "appear in U.S. District Court and show cause why she should not be held in contempt" of a July 31 permanent injunction issued by U.S. District Judge Bruce Black.

In that order, Black wrote that Pimentel & Sons had exclusive rights to the marks "Pimentel," "Pimentel Music" and "Hector Pimentel Music Enterprises" for guitar-related performances, sales, lessons and repair.

Black forbade Danette Lovato Pimentel from using the Pimentel name in connection with all promotion or demonstration of guitars, including guitar performances and concerts.

Black also limited her use of the name to "Danette Lovato Pimentel" or "Danette I. Lovato-Pimentel Music Enterprises Inc."

The order gave Danette Lovato Pimentel 30 days to destroy or remove all marketing materials not in compliance with the order, and to update telephone directory advertisements.

Danette Lovato Pimentel says she did her best to get advertisements and other references to her business changed to reflect the court-ordered Aug. 31 deadline.

But the family this week said advertisements in event brochures, wedding guides, Internet phone directories and other business listings still contained references to guitar performances. In some instances, the word "guitar" had been replaced with "musician," but the performers were well-known guitarists, the family argued in court documents.

Furthermore, the family alleges, Danette Lovato Pimentel continues to use Internet domains and e-mail addresses containing the words "Pimentel music," for which the family has exclusive rights.

And, they allege, Internet advertisements can still be found linking her to performances by Hector.

"... Defendants have completely disregarded the Permanent Injunction and in some instances have attempted to evade the substance of the Permanent Injunction by changing the word 'guitarist' to 'musician,' '' attorneys for the family wrote in the motion.

In a phone interview with the Journal last week, Danette Lovato Pimentel said she was complying with the injunction.

"Because I've been in business for 13 years, there are lots of Internet hits out there, some of which I have no control over," she said.

Judd West, an attorney for Pimentel & Sons, said Danette Lovato Pimentel was given the chance to get the references fixed.

"The judgment that the court issued required her to remove all electronic forms of advertisement that contained the trade marks, or in some other way would violate the judgment," he said. "Whether it was difficult to do or not, she had 30 days to do it."

The case, which Black has referred to as "the latest manifestation of a long-simmering family feud" in court documents, began in 2004.

Lorenzo Pimentel and five of his sons, who run Pimentel & Sons Guitar Makers Inc., sued Danette Lovato Pimentel and her former husband, Hector, alleging violation of their trademark on the famous family name.

Hector and Danette claimed then that a 1989 court ruling gave them license to use the Pimentel name for promoting Hector's worldwide entertainment career.

Hector has since sided with the family.

Danette Lovato Pimentel said she feels "bullied" by the family and is not about to give up her name or that of her promotion business.

West said she is free to use her name, as long as it is not connected to guitars.

"The issue is, when she is commercially advertising to the public, she is causing confusion and is infringing on the trademark rights of the family," he said.