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 © 2026 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 Launches Pride T-Shirt Campaign

Falcon/NakedSword has introduced its limited-edition 2026 Pride T-shirts, benefiting Pineapple Support.

FSC: W.V. Age Verification Law Takes Effect June 12

The Free Speech Coalition has issued a reminder notice that West Virginia's age verification law takes effect on June 12, 2026.

CurvedKing, Hunter Mason Front Latest From Sean Cody

CurvedKing and Hunter Mason star in the latest release from Sean Cody.

WOW Tech, XR Brands Reach Settlement in Patent Infringement Dispute

XR Brands and Lovehoney Group subsidiary WOW Tech Group have settled a patent dispute over WOW's Pleasure Air Technology.

Jaxx Cody, Derek Kage & Heath Halo Star in NakedSword Featurette 'Liquid Assets'

Jaxx Cody, Heath Halo, and reigning and three-time XMAs Gay Performer of the Year Derek Kage star in a new featurette from NakedSword, titled "Liquid Assets."

Polish Government Proposes AV Mandate for Adult Sites

Poland’s Council of Ministers on Tuesday endorsed a proposed national law that would require sites and platforms to age-verify users to prevent minors from accessing adult content online.

Greg Dixxon, Josh Brady Lead Latest From Next Door Taboo

Greg Dixxon and Josh Brady star in "Game Day with Stepdad," the latest release from Alpha Studio Group (ASG) brand Next Door Taboo.

Brazil Launches Complaints Page for AV Violations

Brazil’s National Data Protection Authority (ANPD) on Monday debuted a portal where citizens can report possible violations of the country’s Digital Statute for Children and Adolescents (Digital ECA), which requires adult websites to age-verify users located in Brazil.

Jake Lux Makes His Men.com Debut

Jake Lux has made his Men.com debut alongside Leo Louis in the studio’s latest release, titled “Watch Me Lie.”

2026 XMA Europe Pre-Noms Now Open

XMA organizers have announced the award categories for the 2026 edition of the European extravaganza, presented by Fansly, the capstone of XBIZ’s fall event series in Amsterdam.

Show More