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

River North, Evan Jordie Star in 1st Installment of 'Ghosted' From NakedSword

River North and Evan Jordie star in the first installment of NakedSword’s latest release, “Ghosted.”

Online Child Protection Hearing to Include Federal AV Bill

A House subcommittee will hold a hearing next week on a slate of bills aimed at protecting minors online, including the SCREEN Act, which would make site-based age verification of users seeking to access adult content federal law.

Squirt.org Releases Study on 'Biggest Fantasies' of 2025

Squirt.org has released its annual Squirt Unloaded study, highlighting the biggest fantasies of 2025.

Dato Foland, Alex Palmieri Make Falcon Studios Debuts

Dato Foland and Alex Palmieri have made their Falcon Studios debuts in the final installment of the Falcon/NakedSword and apparel brand Skull & Bones’ collaboration, “The Whole Package.”

FSC Announces 2025 Board of Directors Election Nominees

The Free Speech Coalition (FSC) has announced the nominees for its 2025 Board of Directors election.

Canada Exempts Online Adult Content From 'CanCon' Quotas

The Canadian Radio-television and Telecommunications Commission (CRTC) has updated its broadcasting regulatory policies, exempting streaming adult content from “made in Canada” requirements that apply to other online material.

Creator Law Firm 'OnlyFirm' Launches

Entertainment attorney Alex Lonstein has officially launched OnlyFirm.com for creators.

German Court Puts Pornhub, YouPorn 'Network Ban' on Hold

The Administrative Court of Düsseldorf has temporarily blocked the State Media Authority of North Rhine-Westphalia (LfM) from forcing telecom providers to cut off access to Aylo-owned adult sites Pornhub and YouPorn.

FSC: NC Law Invalidating Model Contracts Takes Effect December 1

The Free Speech Coalition (FSC) has issued a notice that North Carolina's Prevent Exploitation of Women and Minors Act goes into effect on December 1.

Raging Stallion Blends Terror and Temptation in 'The Devil You Know'

“Dating can be like a haunted house full of jump scares, where each moment has the potential to thrill or harm,” observes Ben Rush. “How do you know if you’re falling in love or falling into a trap? This movie shines a light on that trap — dressed in a jockstrap and leather harness and saying all the right, charming things.”

Show More