Waymaker Obtains Preliminary Injunction Protecting Cosmetic Implant Trade Secrets, Trademark

On January 20, 2021, Waymaker obtained a preliminary injunction preventing Texas urologist Dr. Robert Cornell and others from using a clients’ trade secrets related to the revolutionary Penuma cosmetic penile implant, which GQ dubbed the “bionic dick.” The court also enjoined defendants from using the Penuma trademark in commerce. The injunction recognizes the likelihood of success of plaintiffs’ claims that defendants misappropriated trade secrets and trademarks related to the Penuma implant in an attempt to develop a competing implant product, Augmenta. The injunction protects plaintiffs from further irreparable harm during the pendency of the litigation and affords them an opportunity to fully prosecute their claims, which now include RICO claims arising from defendants’ coordinated effort to steal and profit from the clients’ trade secrets. In issuing this injunction, the court fulfills the important judicial function of protecting valuable intellectual property from use and disclosure by unauthorized parties, even while related legal claims remain pending.