OREGON S LESBIAN/GAY/Bl/TRANS/QUEER NEWSMAGAZINE-
APRIL 16 2010 9
NW NEWS IN B RIEF
Gay Portland. Inc.
Granted Extension for
Response to Diversity
Publications Lawsuit
On Monday, April 12, the defendants of
• Gay Portland, Inc. cited in a lawsuit filed by
Diversity Publications— the publishing cor
poration run by Unity Portland Pages C E O
Tom LaVoie— for violations of the Lanham
Act, as well as a Usurpation o f Trademark
complaint following an alleged cyberpiracy
violation, were granted an unopposed mo
tion to extend the time to file and answer, or
otherwise respond to Diversity’s complaints.
The extension came after the initial
lawsuit, which had purportedly been issued
in substitute service to Gay Portland, Inc.
owner Scott Montes, Portland Gay and Les
bian Yellow Pages publisher Glory Lawrence,
Marketing Director Shaundelle Taylor and
six other G LYP employees on March 12, was
found to not have been served in accordance
with specified federal law. As a result, only
Taylor was officially served the summons and
complaint, as he was physically present when
the process server arrived to deliver the sum
mons and complaint.
Federal Court requires a legal response
or answer to a filed complaint within 20
days o f its serving in the absence o f a waiver
o f service. Diversity Publications’ lawyer
Montgomery Cobb filed an amended com
plaint—which added the Usurpation of
Trademark complaint— toward Gay Port
land, Inc. on March 26, which extended the
20-day time period for a legal response from
the defendants in the case. But due to only
one defendant actually being served, and the
rest o f the defendants awaiting the required
first class mailing o f notice that they had
been served by substitute service through the
process server leaving papers with Taylor on
March 12, the 20-day clock could not begin.
Now, each defendant has until April 23 to
file responses.
Gay Portland, Inc.’s attorney Brad Wood-
worth said that due to the discrepancy in
effected service o f the summons and com
plaints, some o f those charged in the lawsuit
were not even aware o f their being included
in it until several days after the initial service
to Taylor. Former G LYP employee Drew
Aguilera had left his employment on March
1, and reportedly had no idea whatsoever of
his involvement.
“Drew Aguilera didn’t work there at the
time, and hadn’t been served in any way,
shape or form. He didn’t even know at all,”
said Woodworth.
As a result o f the substitute service
requirements having now been finished,
Woodworth has also established legal repre
sentation for all defendants in the case. Until
the process o f serving was fulfilled on April
7, Woodworth was only representing Montes
and Gay Portland, Inc.
Moving ahead with the new extension,
LaVoie explained that his hope to settle
the complaints more quietly remained tan
tamount to not only his business, but to the
community at large.
“Justice is expensive, and I, o f course,
. would love to settle outside o f court, but we
have to wait and see what their response to the
complaints are,” said LaVoie. “We’re trying
to keep on the high road, and keep positive.
At the end o f the day, our product will stand
on its own. Business is good, and people have
been very supportive o f u s.... Ultimately, this
will be good for the community. It makes a
stronger product that businesses want.”
On April 6, LaVoie announced UPP’s
“Advertise for a Cause” program, which com
menced with some 200 advertising grants
being distributed to area nonprofits totaling
over $1.6 million for free advertising in both
the June and December UPP print directory,
and on the company’s Web site.
Just Out will continue to follow this story
as it develops.
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CC Slaughters Hosts
Benefit for Nina
Lippincoft
Friends o f Nina Lippincott, a fixture in
Pordand’s LGBTQ_community, will hold a
fundraiser at C C Slaughters from 4 to 7 p.m.
Sunday, April 25 to assist with Lippincott’s
living and medical expenses following her
diagnosis o f breast cancer in early March.
Hosted by Poison Waters, the fundraiser
will feature a silent auction and raffle prizes
with items including Pordand-based artists’
paintings and sculptures, dinner and a show
for four at Darcelle XV, a one-month mem
bership to Sweet Sci
ence Boxing and much
more. There will be no
donations at the door.
• Additionally, a bank
account under Lippin-
cott’s name has been
established at the St.
Johns Albina Commu
nity Bank. Donations
can be made at any branch, or can be mailed
to the St. Johns office at 8040 N. Lombard,
Portland, O R 97203.
Lippincott, whose family has a history of
breast cancer, underwent her first removal
procedure on March 30.
Fundraiser organizer Mark Sykes has
been acquainted with Lippincott for 22 years,
and refers to her as a great friend, especially
through his coming-out process. Lippincott
is active in the Cascade A ID S Project, Eq
uity Foundation and the Pride of the Rose
Scholarship.
“[Ninaj’s been an avid supporter and a
family member to a lot o f the gay commu
nity,” said Sykes. “I just want people to come
out and help her.”
For more information on the fundraiser ; con
tact Sykes at sykessenn@comcast. net.
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