HIV Denialist’s Suit Against Blogger Should Be Tossed, Sperlein Says
By Rhett Pardon, SAN FRANCISCO
Adult industry attorney Gill Sperleinfiled 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.
It's kinda appropriate that Gill Sperleinfiled is representing DeShong in this case.
ReplyDeleteClark Baker had a go at touting for business among LA adult film performers a couple of years ago, inviting them to join him in a class action against the clinic which provided HIV testing to the industry. He was supported in this by porn actor Jeremy Steele, who describes himself as a former "volunteer" for Christine Maggiore's sadly misnamed Alive and Well organization.
"EVERYONE that AIM has diagnosed as HIV+ were falsely diagnosed," thundered Clark, "If your career was harmed by that diagnosis, have your attorney call OMSJ. When we get enough plaintiffs we’ll take down the chapel itself. Once we get started, it’s just a matter of picking off these death clinics like dominoes."
http://www.lukeisback.com/2010/11/industry-bombshell-hiv-tests-dont-test-for-hiv-exclusive-interview/
(link is probably NSFW)
In the comment thread, Clark rants about his involvement in the tort lawsuit Zapata V Wilson in Oakland in 2010-11, which was dismissed with prejudice shortly after one of his young plaintiffs died of HIV/AIDS. See comments #53, #331 and #516 (yes, it's a very long thread.)
As I recall, D. David Steele was the attorney (no relation to Jeremy, as far as I'm aware).
Now it seems that OMSJ has managed to achieve a similar result with their first ever overseas criminal transmission case:
http://www.bbc.co.uk/news/uk-england-hampshire-23618089
His solicitor says "Our instructions from Mr Assumang were always to defend the charges he faced and that he did not believe he was HIV positive."
I wonder if part of the reason he did not believe he had HIV was because of the result of a fake HIV "diagnostic test" conducted by a charlatan in a certain US university?
Thanks for posting this, Seth.
ReplyDeleteYour readers may also find the following links fun to read.
First, is the Pope Hat Signal. This got me my CKAA, (Coterie of Kick-Ass Attorneys). Baker will probably use the fact that I have a powerhouse of attorneys as "proof" that I am well connected by Big Pharma. Of course that is not true as a reading of the post will show. But that will not stop Baker from making such an accusation.
http://www.popehat.com/2013/07/23/popehat-signal-vengeful-aids-denialist-sues-critic-in-texas/
This next link is about how that Signal worked.
http://www.popehat.com/2013/08/15/popehat-signal-update-dream-team-takes-on-litigious-aids-denier-in-texas/
Baker has entered a new frontier- denialism of US law. Baker refuses to recognize US laws prevent yelling "Fire!" in a crowded theater. Equally, it is illegal to yell "there is no fire!" when there is fire. Baker has put his clients at risk over and over again.
ReplyDeleteBaker now faces a blizzard of legal actions from his former clients estates, and from victims of Baker's stalking and bullying.
Todd's action is brilliant, and will steamroll Clark.
Sadly, Clark has a whole gang of dupes that are going down with Clark.
Clark and his gang may deny basic US laws- but denial of the law is no defense.
This is big pharma talking. We want to be unambiguous.
ReplyDeleteWe are completely against Todd Deshong! We don't support dissenters and free-thinking blogers. We are much more likely to support sheep like Clark Baker.
Baker has been a bonanza for our indusstry! By convincing people not to take anti-virals, AIDS patients get very sick and then we get to sell hundreds of thousands of dollars of medicine, and millions in hospital stays.
Anti-retrovirals save lives and are very cost effective. We, Big Pharma, want people sick- it is good for out business!
Clark Baker is a gold mine for us. Baker's anti-scitentific thinking is taking the planet back to the stone age, making people sick, and making them die. The costs of acute care for every person who dies is where the big bucks are.
So, down with Todd! Todd wants to reduce our profits and keep people healthy!
Clark Baker is pure profit for pharmaceuticals. He is our wolf in sheep's clothing. Yes- Baker is the ultimate Pharma-slut!
Keep it up Clark! We pharmaceuticals are completely behind you!
And we all know you guys have a hand in the vitamin and quack markets as well. But, I know, I know. Shhhhhhh!
DeleteClark Baker is the Honey-Boo-Boo of science.
ReplyDelete