CHRONOLOGY OF EVENTS

Trinity Group Sdn Bhd, a boutique property developer based in Puchong, Selangor, has won the right to use the name after a court battle with Trinity Corp Bhd, which had changed its name from Talam Corp Bhd last August.

Trinity Group founder and managing director Dato’ Neoh Soo Keat said the Kuala Lumpur High Court delivered a verbal judgment favouring Trinity Group on Sept 26, after a three-day trial from May 15 till 17.

With this decision, Trinity Corp will no longer be allowed to use "Trinity" name.

However, Neoh said Trinity Corp has filed an appeal against the court judgment, which is pending a decision.

Asked why the company waited almost two months to announce the court's decision, Neoh said Trinity Group had initially hoped to make the announcement after receiving the written judgment, but then decided to clear the confusion over the name so that it can proceed with its upcoming launches and ongoing projects.

In October last year, Trinity Group has sued Trinity Corp over its use of the Trinity, claiming the latter's use of it caused confusion to the general public.

"The recent Talam debt recovery exercise had caused a lot of confusion among our customers, business partners and the general public," Neoh told a press briefing here yesterday.

"We received a lot of enquiries urging us to clarify the issue, as many had mistakenly took our company to be Talam Corp," he said, adding that the confusion has greatly affected its business.

 "(Thus), we are grateful and believe that fair judgment has been delivered... Talam Corp has been injuncted by the High Court not to use the name Trinity in respect of property development in Malaysia.

"With this judgment, we hope that our business partners, customers, potential customers and other members of the public will no longer be confused," he added.

Trinity Group is in the midst of gathering data to quantify the losses incurred due to the confusion caused by Trinity Corp. It is understood that Trinity Corp would have to pay damages after the data is assessed by the court.

Neoh said before seeking legal advice, he had approached Trinity Corp's director Tan Sri Chan Ah Chye to settle the case out of court, but the two parties could not reach an amicable settlement.

According to Neoh, in the affidavit Trinity Corp executive director Chua Kim Lan had stated that Talam Corp had decided to change its name to Trinity Corp to reflect a more "holy" image, following Chan's and several other directors' conversion to Christianity. "However, we (Trinity Group) are already established and are in the same trade (property development) and location (Puchong and Bukit Jalil areas)," said Neoh.

Moving forward, Trinity Group plans to roll out RM1.86 billion worth of launches over the next four years.

The projects are located in USJ 19 (Subang Jaya), Melawati, Serdang, Ukay MRR2 (Ampang) and Permas Jaya (Johor).

The total landbank for these projects is 28.5 acres. Some of its key past projects include The Heron serviced apartments, 19 Residency zero-lot bungalows, Zest serviced apartments, Z Residence and Zeva Equine South.

For its financial year ended March 31, 2012, Trinity Group posted revenue of RM480 million. Its target for FY13 is RM350 million. 

Boutique property developer Trinity Group Sdn Bhd has won a legal suit against Trinity Corp Bhd, formerly known as Talam Corp Bhd, for using the Trinity brand name in its recent rebranding exercise.

Talam, which has been issued a permanent injunction, has been ordered by the Kuala Lumpur High Court to pay damages to Trinity Group, which has been using the Trinity name for all its business engagements since 2004. Trinity Group discovered Talam officially using the name, Trinity Corp, on Aug 18, 2011 following its rebranding exercise.

Talam has filed an application to appeal the ruling but the case has not been heard nor has a date been set.

Talam argued that the Trinity name was used by over 70 different companies in Malaysia and it should not have to comply with Trinity's demands.

The recent debacle involving Talam's debt recovery exercise and the Selangor government had caused confusion among Trinity's customers, business partners and the general public resulting in slower sales for the group.

"We are happy to announce that the KL High Court has ruled in our favour. In the oral judgment delivered on Sept 26, judge Datuk Hanipah Farikullah has imposed a permanent injunction on Trinity Corp for the use of the Trinity name in respect of property development in Malaysia," managing director Dato’ Neoh Soo Keat told a press conference yesterday.

The group has obtained a trademark for the Trinity brand name and "we will not hesitate to take any legal action on any infringement of the mark," he added.

On the damages to be paid by Talam based on the court's assessment, Neoh said his company has not yet proceeded with the assessment and is still gathering the relevant information.

Neoh had earlier this year corresponded with Talam's non-independent non-executive director Tan Sri Chan Ah Chye on the issue of their companies' names.

However, after a series of correspondences and meetings, the matter could not be solved amicably and this led to Trinity's legal action against Talam. 

达南〔Talam）公司改名Trinity公司后闹双包事件终有结果！

帝俐房屋发展私人有限公司（Trinity Group）成功取得庭令，禁止已改名为Trinity Corporation的前达南公司，继续使用“Trinity”这个字眼。

该公司堇事经理拿督梁斯杰表示，吉隆坡高庭法官拿督哈尼芭在今年9月26日口头宣判其公司胜诉，并要Trinity Corporation 赔偿和负责堂费。

“目前改名为Trinity Corporation的前达南公司，已表明要上诉和申请暂缓令，我们还在等候书面判词和法庭计算赔偿数额，但法官已清楚表明该公司改名为Trinity，确实会混淆我们的购屋者。”

他今日在新闻发布会上指出，其公司Trinity Group与前身为达南公司的Trinity Corporation有限公司毫无关联，但两家公司名称已引起不必要的混淆。

Trinity称与达南无关联

梁斯杰说，该公司自2004年成立以来就使用Trinity为名称，所推出的房屋发展计划全部提前竣工，口碑良好。

“近期我们在推介Zeva @ Equine South，我们发觉还是有人混淆，因此有必要再次澄清，即Trinity Group并非达南公司。”

梁斯杰透露，去年8月他获晓达南改名成Trinity后，曾与达南负责人丹斯里陈雅才会面要求后者改名，但协商数次没结果，该公司才被迫在同年10月入禀法庭兴诉讼。

The Kuala Lumpur High Court has ruled in favour of Trinity Group Sdn Bhd, allowing the developer to retain its name, following a court battle with Trinity Corp Bhd, according to The Sun Daily.

In October 2011, Trinity Group sued Trinity Corp for using Trinity as it re-branded from Talam Corp Bhd, which the former claims caused confusion to the public.

“The recent Talam debt recovery exercise had caused a lot of confusion among our customers, business partners and the general public,” said Dato’ Neoh Soo Keat, Managing Director at Trinity Group.

He added that the company received a lot of enquiries asking to clarify the issue as many people mistakenly took their company to be Talam Corp.

Consequently, the High Court ordered Talam Corp “not to use the name Trinity in respect of property development in Malaysia.”

Trinity Group is currently gathering data to compute the losses incurred by the company brought by the confusion and Trinity Corp would have to pay for the damages it has caused the former.

Neoh said that prior to seeking legal advice, he had approached Tan Sri Chan Ah Chye, Director at Trinity Corp, to settle the case out of court yet both parties could not meet an agreeable settlement.

Trinity Corp Executive Director Chua Kim Lan said in an affidavit that Talam Corp decided to change its name to Trinity Corp for a more “holy” image after Chan and other directors’ conversion to Christianity.

“However, we (Trinity Group) are already established and are in the same trade (property development) and location (Puchong and Bukit Jalil areas),” added Neoh.

吉隆坡高庭已在今年9月26日针对两家发展商同名风波，宣判Trinity集团胜诉，禁止打南集团（Trinity Corporation Berhad，2259，主板产业股）采用“Trinity”为名。

不过，打南集团过后要求暂缓执行及提出上诉，法庭至今未择定日期聆审暂缓执行与上诉。

饱受“同名”风波困扰的Trinity 集团董事经理拿督梁斯杰，今天召开记者会宣布上述消息。

他说，Trinity集团正着手收集损失资料，再探讨向对方索偿事宜。

避免公众混淆

他说，法官的口头判词指Trinity集团提呈的理由成立，并发出永久禁令，禁止打南使用有关名字进行产业发展业务。

“法庭认同，我们以Trinity名义，已在马来西亚产业发展领域累积声誉，法庭也认为答辩人，即打南以Trinity为名，的确引起商家和公众混淆，鉴于保护消费人前提，作出判决。”

同名受累冲击业绩形象

Trinity集团是一家私人有限公司，于2004年创立，当时名为Trinity Towers。

至2009年，该公司配合品牌运动改名为Trinity集团。

打南（Talam）于2011年8月18日向大马交易所申请以Trinity Corp 名义上市，并于19日获批准。

Trinity集团于去年11月入禀吉隆坡高庭，要求法庭禁止打南以“Trinity”为名。

此案于今年5月17日审讯，至9月26日下判。

梁斯杰说，一年多来，因受同名之累，该公司业绩和形象饱受冲击。

“原本我们想拿到法庭书面陈词才召开记者会，但因为将在本月杪推出位于沙登的Zeva@ Equine South 新计划，所以迫得提前向外公布这项消息。”

坚拒改名惟诉诸法律

至于打南为何要改名为Trinity，梁斯杰说，在法庭供词时提及，打南集团前执行主席丹斯里陈雅才皈依基督教后，认为这个名字圣洁，所以决定采用。

“我知道他们使用这个名字时，立即从海外回来求见陈雅才，要求他们不要采用此名，但不得要领。

“过后我曾通过电话向对方的一名高级职员反映此事，但她不友善的反驳我，指到处都有Trinity 商号，为何他们不能用？

“我曾反映，由于两家都从事产业发展，我不想打南的客户来到我们这里，我们也不想自己的客户去到打南。

“但事情最后仍闹上法庭。”

陪同梁斯杰出席记者会者有该公司的律师饶健发。

达南（Talam）公司改名Trinity公司后闹双包事件终有结果。帝俐房屋发展私人有限公司(Trinity Group）取得庭令，禁止已改名为Trinity Corporation的前达南公司继续使用 "Trinity"这个字眼。

帝俐房屋发展私人有限公司董事经理拿督梁斯杰披露，今年9月26日，吉隆坡高庭法官拿督哈尼芭口头宣判其公司胜诉，并要Trinity Corporation赔偿和负责堂费。

“目前改名为Trinity Corporation的前达南公司，已表明要上诉和申请暂缓令，我们还在等候书面判词和法庭计算赔偿数额，但法官已清楚表明该公司改名为Trinity，确实会混淆我们的购屋者。”

周二，他在记者会上指出，Trinity Group与前身为达南公司的Trinity Corporation有限公司毫无关联但两家公司名字已引起不必要的混淆。

他说，该公司自2004年成立以来就使用Trinity为名称，所推出的房屋发展计划全部提前竣工，口碑良好。

“近期我们在推介Zeva@Equine South，我们发觉还是有人混淆，因此有必要再次澄清，即Trinity Group并非达南公司。”

Trinity集团私人有限公司(Trinity Group Sdn Bhd)表示获吉隆坡高庭口头判决胜诉，使用"Trinity” 品牌名称，惟前称达南的上市公司TRINITY (TRINITY，2259，主要板房产）已申请上诉。

Trinity集团董事经理梁斯杰今日在记者会上说，Trinity名称闹双包事件，不仅影响该公司信誉及生意量，也导致民众对公司房产失去信心。

保護消費者免混淆

“我们不单单为了自己，也为了保护消费者免受混淆。”

该公司因而注册商标并以"Trinity"为该公司的标志，并保留所有权利。

“高庭已口头裁决我们在Trinity名称闹双包中胜诉。”

文告指出，高庭认为，Trinity集团在大马房产业已有相当显著形象及良好声誉。被告TRINITY使用同一名称导致消费者产生混淆。

惟自9月26日获得吉隆坡高庭口头判决至今，Trinity等了近2月仍未获得高庭的书面判决。

今日一同出席记者会的饶健发律师说：“被告TRINITY已申请上诉及暂缓，开审日期暂未定。”

Trinity集团正等待书面判决并计算该事件造成的损失。

SOME see him as a David standing up to the property development business' Goliaths. He has learned from his "mentor", although he admits he doesn't personally know Robert Kuok, Hong Kong-based Malaysian businessman extraordinaire of Kerry Group/Kuok Group and our country's richest. He has role models in two property industry stalwarts but prefers that their names remain anonymous.

He talks about his humble roots: Poverty drove him to start working at 9 to help supplement supermarket supervisor Dad's income and to make up for dressmaker Mum's loss of loyal clients when the family relocated from Penang to Kuantan.

When Dad lost his job, they had even resorted to borrow two condensed-milk tins of rice to tide over. They were evicted when they owed rent. He sold home-cooked noodles in school and later to the public to increase his measly daily takings. At 12, he sold vegetables and fish near the market during school holidays, waking up at 2am to collect them from the wholesaler, discarding the stale parts before selling the produce in the neighbourhood from 6am to 11am.

At 13, with the government backing the plastic bag campaign back then, he saw the potential, used his savings of RM9, borrowed RM6 from Mum, bought 10 packets of the bags from the manufacturer (his friend's father) and cycled a 15km radius peddling his wares at RM2.50 a packet, 50 sen less than what supermarkets charged. He was in the business for a while.

"I learnt from young that if one wants to have a better life, one would have to fight many battles. Not born with a silver spoon in my mouth has never been a hindrance; on the contrary, that inspired me many a time."

Fast forward to the 1990s and armed with a bachelor's degree in urban regional planning, he worked as project executive with a firm for a month before he left for another, a job that involved consultancy and conducting surveys, which he says vastly improved his understanding of the property market. He met many developers in the course of work some of whom inspired him.

Then the Asian financial crisis reared its ugly head. He got his fingers burnt dab-bling in shares (Chew Piau and Bridgecon), had to sell his car and other possessions, use credit card borrowing to pay off debts and survive on instant noodles. Again.

With only RM40 in the ATM and it was difficult doing his line of work in Kuala Lumpur without a vehicle, Dad supported him for a while and helped pay for a Proton Saga (number plate: 2468). Lady Luck smiled on him in a numbers forecast game (winnings of RM13,500) and today he still keeps his old jalopy as well as the number for all his other cars.

Things started to look up when a friend of his who didn't know what to do with a 3.3-acre leasehold plot in Bandar Bukit Puchong, Selangor, employed him as general manager (his staff number: 001) and promised a good reward upon successful completion of the project.

By then, he had 14 years of property management experience, some with distinctive developers. That project led to another when he seized the opportunity to develop the neighbouring plot but not after having to resolve land ownership (the plot previously belonged to 40 owners) and quit rent issues.

That's him before he's Dato’ Neoh Soo Keat the developer of niche projects, but not without overcoming more trials and tribulations. Neoh, a registered town planner, founded Trinity Group Sdn Bhd in 2004 and soon after kicked off its maiden venture, The Heron Residency, a 290-unit high-rise serviced apartment in Bandar Bukit Puchong.

"When we started out, we were nobody in the property business.

"We approached banks to be our end-financiers ... many were unwilling. After numerous failed attempts, we finally relied on self-funding with family and friends chipping in."

The managing director and doting father of two daughters also recalls how just after the launch, it was hit by falling consumer confidence due to news of land-slides occurring in Puchong.

"People were skeptical ... the only prospective buyer cancelled the booking the next day. We promptly reinvented our strategies. To attract buyers, The Heron Residency was redesigned to smaller units of 900sq ft to 1,000sq ft from the originally planned 1,200sq ft to 1,300sq ft.

"The incident taught me about the need to take risks and to tune in to market trends."

A string of successful boutique developments in the Kiang Valley followed: Trinity Group is now looking at developing four projects with a combined gross development value of RM1.5 billion in Seri Kembangan, Serdang; Melawati, Ampang; USJ19, Subang Jaya; and Johor.

On the refreshing ideas it brings to the industry and which give its projects the competitive edge, Neoh says glass balconies at The Zest @ Kinrara 9 serviced apartment are a first for properties in Puchong.

"Such features are only found in higher-priced condominiums. The eco-friendly waste disposal unit in every apartment unit also makes it the first project of its kind in the area.

"Our innovative product ideas have been positive to our business ... most of our recently launched projects received overwhelming response from our past buyers who account for at least 30% of our total sales revenue.

"Support from our loyal customers and the community is vital in the property development business."

His views on what the future industry should be: "Property marketing calls for developers to commit to the green movement, to make sustainable approaches part and parcel of our mindset, habits and culture. Trinity Group will place greater emphasis on sustainable ways to light and ventilate homes in our new projects."

So what do buyers/investors/industry think of its products?

"Trinity Group has developed a portfolio of very successful projects over the years," he says with pride.

The Heron Residency, completed in 2008, achieved the highest rental rate (30%) compared to similar projects in the area and that equates to good resale value, he says.

Its second project, 19 Residency semi-dees also located in Puchong, attained a 79% score for Quality Assessment System in Construction or QLASSIC assessed by the Construction Industry Development Board, putting it among the country's top 10 highest scores as of August 2010.

The Zest @ Kinrara 9 achieved capital appreciation of 100%, also giving it high resale values. Then comes The Latitude unveiled this year, Trinity Group's first low-density, gated industrial development located in USJ19 targeting end-product manufacturers and high-tech businesses.

Its "most ambitious project to date", Neoh adds, is The Z Residence offering lavish highrise living at affordable prices with a floating garden, infinity pool and sky lounges, and recently it launched Zeva @ Equine South in Seri Kembangan offering similar lifestyle at entry-level prices that come with premium features such as an Olympic-size swimming pool, three-tier sky terrace, sky club and a garden café with WiFi hotspots.

To another question, he stresses that Trinity Group is in no way associated with Trinity Corp Bhd (formerly Talam Corp Bhd) which, according to media reports, was involved in questionable land deals.

"We're awaiting the final decision of the court and we believe that a fair judgment will be passed.

"Other than that, it's business as usual, of course."

`Trinity Group not associated with Trinity Corp'

Trinity Group Sdn Bhd held a press conference at its sales office on July 12, 2012 to clarify that Trinity Group Sdn Bhd, its associated companies, directors and shareholders are not in any way associated with Trinity Corp Bhd (formerly known as Talam Corp Bhd) or any of its subsidiary companies.

The press conference was put together due to the recent publication of Talam Corp's debt recovery exercise that caused a lot of confusion among Trinity Group's customers, business partners, shareholders and other members of the public.

"Unfortunately, this happened in an ill-timed period for us at Trinity Group as we had just launched our latest project, The Zeva @ Equine South. There have been numerous calls urging us to clarify the issue, as many have mistakenly associated our company with Trinity Corp Bhd," said Trinity Group managing director Dato’ Neoh Soo Keat.

General manager Ng Ching Yee said the issue is going overboard and is beginning to dampen Trinity Group's reputation as a developer with a track record of quality products and services, mostly delivered ahead of schedule.

She said Trinity Group has left the matter to the hands of the law and hopes that the hearing would favour them, adding they will definitely trade mark the name as they did with their logo to prevent such an incident to ever take place again.

For now, Neoh hopes the press conference would help to clear the confusions and that all stakeholders of Trinity Group, its customers and other members of the public are aware of the differences between it and Trinity Corp.

马华指责民联雪州政府涉嫌动用10亿令吉，拯救Trinity Corp公司（前身为达南集团）风波延烧之际，再牵扯出Trinity Corp公司与Trinity Group有限公司名称闹双包纠纷。

Trinity Group有限公司今日召开记者会，与Trinity Corp公司撇清关系，表明Trinity Group与Trinity Corp公司毫无瓜葛，并称名称闹双包事件已令该公司营业额受影响。

该集团董事经理拿督梁斯杰指出，马华最近指责民联雪州政府与Trinity Corp公司之间可疑交易课题，更令该集团面对遭买主取消订单。

他澄清，Trinity Group是一家位于雪兰莪州蒲种的精品发展和投资商，与Trinity Corp 公司（前身为达南集团）或其子公司没有任何关系。

“最近在达南集团债务重组课题上的新闻报导，已造成客户、生意伙伴、股东和公众的混淆。”

出席者包括Trinity Group总营运长邱金光、总经理黄静仪和律师饶健发。

梁斯杰说，该公司是于2004年从收购空壳公司Trinity Towers公司起家，过去在地产界产品素质和服务都赢得口碑。

他说，由于公司要进行扩大和品牌重塑，该公司在2009年易名为Trinity Group，并且推出多项发展计划，包括The Heron服务公寓、The Zest 服务公寓和最近展开的Zeva@Equine South计划。

达南易名重挫銷售額

梁斯杰说，该集团2011年6月推介一项发展计划，原本8月份销售额非常可观，但却在9月份（即达南集团易名后）销售额就受挫。

梁斯杰说，他是穷人出身，曾经也没有房子，他了解到一名购屋者要用毕生积蓄投资好房子，也能理解购买者在获知自己买到名声不佳发展商的房子，那种忐忑不安的心情。

他说，他在起诉Trinity Corp时没想过要索偿问题，但这是诉讼一部分，他只求公司名誉受保护，让团队能良好操作，公众不再受误导。”

名称闹双包事件带上庭

5 月结束审讯等裁决

梁斯杰说，由于名称上混淆，该集团早在去年11月就把Trinity Corp公司与Trinity Group名称闹双包事件，带上法庭，审讯已在今年5月17日结束，目前在等待裁决。

他强调，Trinity集团是一家私人有限公司，于2004年创立，当时他与一名合夥人在公司注册处选择公司名称时，因合夥人是基督徒，在名单中发现Trinity Towers这名字，毅然选择了这家公司来开始业务。

他说，Trinity Corp 公司（前身为达南集团），是于2011年8月18日向大马股票交易所要求以Trinity Corp 上市，并于19日如愿以偿。

“从那时开始，我们的业务和形象均受冲击，公众很混淆，以为我们是达南集团，纷纷表达负面反应。”

询及该公司是否向客户澄清也不受理时，他说：“我们说了也不能证明什麽，难道要我去验脱氧核糖核酸（DNA），证明我不是他吗？”

Kelulusan pendaftaran bagi penggunaan nama Trinity bagi Trinity Group Sdn. Bhd. (Trinity Group), dan Trinity Corporation Bhd. (Trinity Corp), adalah dibenarkan oleh Suruhanjaya Syarikat Malaysia (SSM) di bawah Peruntukan Akta Syarikat 1965.

Ketua Perhubungan Awam SSM, Mohamad Shahren Mohamad Yusri berkata, kebenaran itu diberikan kerana kedua-duanya adalah syarikat yang berbeza dan mempunyai nombor pendaftaran berlainan.

"Terdapat perbezaan jelas apabila nama kedua-dua syarikat ini disebut secara penuh.

"Syarikat-syarikat itu dibezakan dengan penambahan perkataan corporation dan group selepas Trinity," katanya kepada Utusan Malaysia di sini hari ini.

Justeru, tambah beliau, orang ramai perlu melihat nama sesebuah syarikat itu secara keseluruhan untuk mengelakkan berlaku kekeliruan.