According to The Province: Shareholders in a company in which Zilba is also a shareholder hired a lawyer and sent her a letter demanding she stop promotion of a ready-to-drink cocktail called “Cocktails by Mary.”
The letter, a copy of which was obtained by The Province, says the TML Venture Inc. shareholders had materials that indicated Zilba was in contravention of a shareholders’ agreement that she refrain from associating with a competing company.
“On behalf of our clients, we hereby demand that you cease and desist from participating in this fashion or in any fashion with Profile Brands and Beverage and any other entities that carry on the business of licensing and marketing cocktail beverages,” says the letter.
“Failure to comply with this demand may result in our clients taking relief by way of restraining order, injunction or otherwise that may be appropriate to ensure your compliance with the provision of section 13.1 of the shareholders agreement.”
The materials include an “executive summary” from Profile Brands saying the company in conjunction with Mary Zilba Inc. was “finalizing” plans to produce, market and distribute a “unique” line of ready-to-drink cocktails in North America, under the Cocktails by Mary brand.
The companies were “capitalizing” on Zilba’s association with a unique tequila cocktail created in Tulum, Mexico, and featured on the Real Housewives show, says the summary.
“Profile Brands in association with Winery Exchange of San Francisco has been able to locally design and test a tequila based cocktail similar to what was used in the show,” it says.
“This light-coloured, soft flavored cocktail will appeal to the all important 25 to 45 year old female market.”
Profile was assisting Zilba to ensure it has a pending production agreement in California, global distribution agreements and was assisting in completing a “finely tuned” business plan, says the confidential summary.
Contacted by The Province, Zilba denied there was a story and insisted Profile was not a real company, and that she had merely contacted a “brand guy” and it was all just a “branding exercise.
“It’s just dead in the water. There’s nothing to that. It’s fictional.”
She added: “I’m not doing another drink, so there’s no issue.”
Zilba said the “fictional” summary got in the hands of her partners at TML and that they wrongly thought she was going behind their backs.
She said it had been a “very stressful” week for her, after being served with the defamation suit and after her kids witnessed a shooting earlier this week in Yaletown in which a Vancouver bicycle store owner was seriously injured.
“It’s a lot of stuff to take in in one week. It’s been a very stressful week.”
Asked to comment on the defamation suit, in which Claman and Deakin claim Zilba defamed them when she was interviewed on CBC, Zilba referred any questions to her lawyers.
Alan McConchie, a lawyer for Zilba, said there would be no comment on the defamation suit as the matter is before the courts.
He added that he would be filing a response on behalf of Zilba and noted that the deadline for such responses is 21 days but could not say exactly when the court document will be filed.
Deakin and a man she was accompanying were shot on Sunday in Vancouver in what police believe was a targeted shooting.
This has sure been a difficult week for Mary, on a bright side, Mary has announced via her Twitter page that her new single will be released next month and we can't wait for it, hang in there Mary, you're not alone!
What are your thoughts? Tell us in the comment section below!
Source: The Province
Photo Credit: Slice
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