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

Missouri Governor Signs Bill Making AV Regulations State Law

Missouri Governor Mike Kehoe signed a bill into law on Thursday requiring adult websites to age-verify users in the state, finalizing a legislative “stamp of approval” for AV rules after Missouri’s attorney general unilaterally imposed similar regulations last year.

Ofcom Fines Fapello $845,000 for AV Noncompliance

U.K. media regulator Ofcom on Thursday imposed a fine of 630,000 pounds (about $845,000) against adult website fapello.com for failing to comply with provisions of the Online Safety Act.

Josh Brady, Zac Steele & Kai Carter Lead Latest From Next Door Taboo

Josh Brady and Zac Steele star with Kai Carter in "Peeping the Peeper," the latest release from Alpha Studio Group (ASG) brand Next Door Taboo.

Grayson Cole Stars in Latest From JockPack

Grayson Cole stars with Adam Snow, Rocky, Andrew Skylar, Christopher White, Caden Dior, Cyrus Stark, Marcus McNeill, Lucky Cruz, and Nico Coopa in the latest installment of Carnal Media's imprint JockPack series "BetaBetaPi," titled "Hell Night."

Wyatt Makes His Sean Cody Debut

Wyatt will make his Sean Cody debut alongside real-life partner Bryan next week.

Paddy O'Brian Performs 1st DP in 'Spain in the Ass 3' From NakedSword

Paddy O’Brian performs his first DP gangbang in the latest installment of NakedSword’s “Spain in the Ass 3.”

Retired Performer Dale Savage Passes Away at 62

Retired performer Dale Savage has passed away, according to Anthony Duran of Ducati Studios. Savage died on June 19 after suffering a stroke. He was 62.

Sir Peter Hosts 'Bachelor Weekend' Limited Series for Men.com

Two-time Euro XMAs Gay Performer of the Year Sir Peter stars in Men.com’s four-part limited series, titled "The Bachelor Weekend."

XBIZ 2027 January Event Series to Take Center Stage at L.A. Live

Culminating years of growth and expansion, with its January event series now spanning eight events, XBIZ Media will bring the entire series together under one roof at the JW Marriott L.A. Live, creating the adult industry’s epicenter for business, networking and celebration from Jan. 7-10, 2027.

Falcon Premieres Latest Title 'Sex Objects'

Falcon Studios has premiered its newest title, "Sex Objects," directed by Ryan Brian.

Show More