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

Ofcom Investigates More Sites in Wake of AV Traffic Shifts

U.K. media regulator Ofcom has launched investigations into 20 more adult sites as part of its age assurance enforcement program under the Online Safety Act.

Men.com Marks 15th Anniversary with Malik Delgaty Orgy

Malik Delgaty stars in a new orgy scene marking the 15th anniversary of Men.com, titled “Malik vs 15 Bottoms.”

xHamster Settles Texas AV Lawsuit, Pays $120,000

Hammy Media, parent company of xHamster, has settled a lawsuit brought by the state of Texas over alleged noncompliance with the state’s age verification law, agreeing to pay a $120,000 penalty.

SCOTUS Won't Hear Appeal of NYC Adult Store Zoning Law

The U.S. Supreme Court has declined to hear an appeal of a lower court’s decision allowing enforcement of a 2001 zoning law aimed at forcing adult retail stores out of most parts of New York City.

2026 XMA Award Nominees Announced

The nominees for the 2026 XMAs — the Adult Industry’s Biggest Night® — have been revealed, honoring outstanding achievement across the global adult industry, with 2,199 nominees spanning 120 categories.

Ander The Viking Headlines Men.com Limited Series 'Band of Breeders'

Ander the Viking fronts a new three-part limited series from Men.com, titled "Band of Breeders."

Drake Von, Leo Levine Star in Latest From Men.com

Drake Von stars with Leo Levine in the latest scene from Men.com, titled “Drake Bottoms Again.”

Theo Dore, Harrison Feels & Marcus McNeill Front Finale of 'Saddle Uptown' From NakedSword

Theo Dore, Harrison Feels, and Marcus McNeill star in the final installment of the new NakedSword title "Saddle Uptown."

Sean Cody to Release 'Oasis Orgy'

Sean Cody will drop a new two-part release titled "Oasis Orgy" next week.

Vincent Grey, Carter Woods & Trevor Brooks Star in Latest From ASGMax

Alpha Studio Group (ASG) exclusives Vincent Grey and Carter Woods star alongside Trevor Brooks in the final installment of the limited series "End of Your World," titled "Bucket List."

Show More