DMG Radio and Austereo are fighting it out in the Federal Court in Adelaide, with one trying to trademark a common phrase, “sounds different”.

Austereo, which operates SAFM and Triple M, the Daily Mail Group Radio – licensee of the soon to be launched new Nova FM station in Adelaide – are at war over the phrase. DMG’s attempts to register the catchphrase as its trademark is opposed by Austereo, which uses the phrase and a variation, “totally different”, in Triple M promotions.

Austereo’s David Yates told the court DMG has no right to trademark common English words: “There is no justification for one to trademark a few common words and then say to all others that they can have the rest of the common words … as long as you are specific.”

DMG Radio applied more than three years ago to the Registrar of Trademarks to trademark “sounds different”. Austereo lodged an appeal.

The Federal Court will hand down its decision on a date to be set.