HIV Denialist’s Suit Against Blogger Should Be Tossed, Sperlein Says

SAN FRANCISCO — Adult industry attorney Gill Sperlein filed court papers Friday on behalf of Todd DeShong, a blogger accused of trademark infringement and defamation relating to his criticism of notorious AIDS denialist Clark Baker and his organization the Office of Medical and Scientific Justice (OMSJ). 

Baker believes the pharmaceutical industry promotes faulty HIV tests in order to sell HIV-suppressing drugs; DeShong, meanwhile, believes early HIV testing and treatment saves lives. 

But the importance of accurate testing is well known in the adult entertainment industry, Sperlein said.

According to court documents, Baker first attempted to shut down DeShong’s website HIVInnocenceGroupTruth.com by filing a UDRP complaint, accusing DeShong of infringing the trademark “HIV Innocence Group.” 

The UDRP arbitrator disagreed, ruling that OMSJ was actually guilty of reverse domain name high jacking because OMSJ clearly knew DeShong was legitimately using the mark when it filed its complaint, Sperlein said.

Undeterred, Baker and OMSJ sued DeShong in federal court for trademark infringement, defamation, and business disparagement. 

But Sperlein and a team of attorneys came to DeShong’s defense filing two separate motions to dismiss Friday, arguing that the trademark claims should be dismissed because DeShong’s use of the mark was fair use and the defamation related claims should be dismissed because DeShong’s statements were either opinion or factually accurate. 

Sperlein also argued that the claims were brought after the statute of limitations had passed.

DeShong’s pro bono defense team also includes another industry attorney, Gary Krupkin, who serves as local counsel; Paul Alan Levy of Public Citizen; and Neal A. Hoffman of the Houston firm Bush & Ramirez.

Related:  

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Tommy Pistol Talks Staying Power and What Fuels His Fire

To be sure, there are other performers who excel at dramatic acting or have starred in adult parodies of mainstream films. There may also be a handful who can reliably crack up audiences as well as their colleagues on set. There are even some who are universally respected and beloved by directors, co-stars, crew members and fans.

FSC Publishes Guidance on Google Analytics Lawsuits

The Free Speech Coalition (FSC) has published guidance on how adult websites can protect themselves in the wake of several consumer class action lawsuits filed against sites for using Google Analytics.

PASS: Production Hold Lifted Immediately

PASS has announced that it has lifted its recently imposed production hold.

Oliver Marks, Ivan Fernandez Front Latest From Men.com

Oliver Marks and Ivan Fernandez star in the latest release from Men.com, titled "Proudly Cumming and Going."

Sean Cody Debuts Its 1st Interactive Scene

Sean Cody has debuted its first interactive scene, "Gym Cruising," starring Carter Collins, Hayden Harding, and Jeremiah.

NakedSword Releases New VoyR Collab 'The Barcelona Job'

Sir Peter and Rhyheim Shabazz star in "The Barcelona Job," a NakedSword x VoyR series.

PeterFever Debuts Self-Help Parody Series 'Cockaholics Anonymous'

zBUCKz and PeterFever have debuted the new self-help parody series, “Cockaholics Anonymous.”

PASS Issues Preliminary Production Hold, Calling Stop to Work

PASS has called for a preliminary production hold following a positive HIV test. The organization's statement follows:

Pink and White Productions Relaunches CrashPadSeries.com

Pink and White Productions has relaunched its CrashPadSeries streaming platform.

Bravo TV to Release CAM4 Collab 'Beyond the Deck: Boys On Board'

Bravo TV will feature seven CAM4 creators in special installments of its “Below Deck” reality series, titled “Beyond the Deck: Boys On Board.”

Show More