Olivia Garden was founded in Belgium in 1967 by husband and wife team Jean and Micheline Rennette (pictured right). According to its website, Olivia Garden was and continues to be a pioneer in hairstyling, including introducing the first truly silent blowdryer in 1979 and the first ceramic-ionic combination brush in 2002.
But Judge Gilliam brushed off Olivia Garden’s bid for patent and trade dress infringement damages when he granted Defendant Stance Beauty’s motion to dismiss for improper venue. In doing so, Judge Gilliam rejected Olivia Garden’s request to exercise “pendent venue.” Judge Gilliam enumerated various reasons why Olivia Garden failed to show that Stance Beauty had a “regular and established place of business” in the Northern District of California, including that Stance Beauty was incorporated in Connecticut, never maintained a place of business in California, and had no offices, retail locations, officers, employees, books, or records in California. Stance Beauty also had never attempted to become qualified or licensed to do business in California. Thus, Olivia Garden’s request failed to satisfy either prong of 35 U.S.C. § 1400(b) in view of TC Heartland.