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

Carnal Media Signs Zac Steele to Exclusive Contract

Carnal Media has added Zac Steele to its roster of exclusive performers.

SantanaXXL, Trevor Brooks & Shadow Star in Latest From Men.com

SantanaXXL, Trevor Brooks and Shadow star in the studio’s latest release, titled “Gobble That Cock Part 2.”

2025 XMA Award Nominees Announced

'Tis the season to celebrate as the nominees for the 2025 XMAs – Adult Industry’s Biggest Night® – have been revealed, honoring outstanding achievements across the global adult industry, with 1,625 nominees spanning 100 categories.

Kansas Law Firm Deploys Religion, Bunk Science While Recruiting Plaintiffs Under AV Law

Kansas-based personal injury law firm Mann Wyatt Tanksley is promoting debunked scientific theories and leveraging religious affiliation against the industry while it seeks potential plaintiffs for lawsuits against adult companies under the state’s age verification law.

UK Tech Secretary Lists Age Verification Among OSA Priorities

Peter Kyle, the U.K.’s Secretary of State for Science, Innovation and Technology, on Wednesday made public a draft version of his priorities for implementing the Online Safety Act (OSA), including age verification.

ASGMax Releases 1st Installment of 'Goldenrod Resort 2'

Alpha Studio Group has released the first installment of "Goldenrod Resort 2: Singles Weekend," the second feature to be released under the company's new ASGmax Films brand.

Sir Peter, Paddy O'Brian Star in 'Spain in the Ass' From NakedSword

Falcon/NakedSword Exclusive Sir Peter and Paddy O’Brian star in the studio's latest release, titled "Spain in the Ass."

10th Circuit Rejects Final FSC Appeal in Utah AV Case

The United States Court of Appeals for the 10th Circuit on Monday rejected a motion by Free Speech Coalition (FSC) requesting that the full court rehear its appeal in Free Speech Coalition v. Anderson, the industry trade association’s challenge to Utah’s age verification law.

Jax Returns to Sean Cody

Jax makes his return to Sean Cody, starring in the studio’s new six-part series “Tropical Getaway.”

Men.com to Debut Drake Von's 1st Bottoming Scene

Men.com exclusive Drake Von makes his bottoming debut in the studio's latest release, “Top to Bottom.”

Show More