The Federal Court has upheld Austereo’s appeal to overturn a decision by the Registrar of Trade Marks’ about the use of the Nova slogan ‘Sounds Different’.

Last December, DMG was given the go-ahead to register ‘sounds different’ as a trade mark, potentially preventing Austereo using a similar form of words (‘totally different’) to brand its revamped Triple M station in Adelaide.

DMG claimed Austereo was breaching Trade Practices law by ‘passing off’ its relaunched Triple M station as a Nova brand in a campaign which began six days after DMG acquired the new Adelaide FM licence.

Yesterday’s Federal Court decision is likely to prevent DMG suing Austereo over the use of the slogan.

DMG was ordered to pay Austereo’s court costs.

Adelaide’s new Nova station is now not expected to use the slogan ‘sounds different’ when it launches soon.