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

Falcon/NakedSword Signs Paddy O'Brian to 6-Release Contract

Falcon/NakedSword has added Paddy O’Brien to its roster of exclusive performers.

Performer Roman Mercury Passes Away at 45

Performer Roman Mercury has passed away, according to multiple reports on social media, including one from his close friend and co-star Greg Dixxon.

Hiroya Launches New Paysite Through zBUCKz

Japanese content creator Hiroya has launched a new paysite through zBUCKz.

Zac Steele Stars in New Release From Carnal Media

Zac Steele stars in the latest release from Carnal Media, alongside Adam Snow.

Nigeria to Ban All Porn Websites, Penalize Non-Compliant ISPs

Nigeria's House of Representatives on Tuesday directed its telecom regulator, the Nigerian Communications Commission (NCC), to immediately block all porn websites across the country and to enforce that ban.

Evan, Diego Silva & Hayden Harding Featured in Latest From Sean Cody

Evan, Diego Silva, and Hayden Harding are featured in the latest release from Sean Cody.

Hazel Hoffman Makes His Men.com Debut

Hazel Hoffman has made his Men.com debut alongside Kane Fox in the studio’s latest release, titled “11:11.”

Drake Von, Trevor Brooks Star in Latest From Men.com

Men.com exclusive Drake Von stars with Trevor Brooks in the studio's latest release, titled "XXXscape Room."

NYU Study Finds Age Verification Laws Don't Work

A group of university researchers has published a study whose findings suggest that age verification laws are ineffective at achieving their stated goal of preventing minors from accessing adult content.

Illinois Lawmakers Propose Decriminalizing Consensual Sex Work

Lawmakers in Illinois have introduced a bill that would completely decriminalize consensual sex work in the state.

Show More