Austereo’s court challenge to DMG over Sounds Different trademark

Austereo has begun an appeal to the Federal Court over the Registrar of Trade Marks’ decision allowing DMG to register “Sounds different”
for its Nova stations.

A directions hearing for the appeal will be heard next week.

DMG intends to sue Austereo over its use of the similar slogan “Totally different” in its launch of Triple M Adelaide.

DMG owns the new Adelaide FM licence and will launch it later this year, but is worried that if Austereo “passes off” Triple M as a Nova station it will decrease the new station’s impact.

Austereo argues that “Sounds different” is a generic descriptor and should not be trademarked.

DMG’s Gosford station is expected to begin transmission tests next week, which will allow the technical team to soon turn their attention to the new Adelaide station.