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.

Copyright © 2024 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

Trent King, Jackson Cooks Star in Latest From Men.com

Trent King and Jackson Cooks star in the latest scene from Men.com, "Cock Fight."

Michael Boston, Braxton Cruz & Travis Connor Star in Finale of NakedSword's 'Dirty Words'

Michael Boston, Braxton Cruz and Travis Connor star in the final scene from NakedSword’s “Dirty Words.”

Calvista, CockBlock Toys Ink Australia/New Zealand Exclusive Distro Deal

Calvista has signed an exclusive deal with pleasure brand CockBlock Toys for Australian and New Zealand distribution.

'Monte' Makes NakedSword Film Festival Debut

Director Javier Ferreiro’s short film “Monte” has made its NakedSword debut as part of the studio’s Short Cuts  Fall Film Festival.

NakedSword Releases 'The Main Event' on VOD/DVD

NakedSword has released “The Main Event,” starring studio exclusive Sir Peter and Rhyheim Shabazz, on VOD and DVD.

Cole Blue Stars in Latest From Carnal Media

Carnal exclusive Cole Blue makes his debut for studio brand CumDumpSluts in “Cole Blue Cumdump #1.”

Trevor Harris Stars in New Halloween Threesome From Next Door Studios

Alpha Studio Group (ASG) exclusive Trevor Harris stars with Vincent O’Reilly and Jake Klerin in a new Halloween-themed threesome from the company's production banner, Next Door Studios, titled "Ghostly Cupid."

Project 2025 Leader Claims Big Tech Companies 'Deliberately Fuel Pornography Addiction' Among Men

Heritage Foundation president and Project 2025 leader Kevin Roberts published on Wednesday the text of a speech in which he persists with his past claim that “predatory Big Tech corporations” are “deliberately fueling pornography addiction” among young men.

FSC Petitions 10th Circuit for Review of Utah AV Dismissal

Free Speech Coalition (FSC) on Wednesday petitioned the United States Court of Appeals for the 10th Circuit to review a decision handed down earlier this month by a three-judge panel of the same appeals court, which denied FSC the right to challenge Utah’s controversial age verification law by suing state officials.

MyAdultAttorney's Corey D. Silverstein to Hold Post-Election Legal Impact Webinar

Industry attorney Corey D. Silverstein will hold a “Legal Impact” webinar titled “We Have a New U.S. President: Legal and Community Implications” on Nov. 12 at 1 p.m. PST.

Show More