The stakes are high in a battle over a little word.
TEN Network and SBS are in engaged in a brawl over who owns the right to use the word ''One'', with both broadcasters claiming the trademark for use on their digital channels.
Both TV networks have applied to trademark their own station identities - Ten for its high-definition sports channel One, and SBS for its digital channel, which it is branding as SBS One, complete with the Mercator logo.
Ten is objecting to SBS's use of the word ''One'' because, according to a Ten spokeswoman, viewers might be confused.
''We have opposed it from the outset, on the basis that we believe it's confusing for viewers, given the pre-existing brand for our digital sports channel, which features the word 'One','' she said.
Separately, Ten's application to trademark the words ''One'' and ''One HD'' has hit a brick wall, though not because SBS has objected.
The government agency responsible for registering trademarks, IP Australia, has blocked Ten's bid because the word ''One'' is too generic. The appellation TV1 is one of the most commonly used by broadcasters worldwide.
''It's a term other traders would wish to use during their ordinary course of trade,'' said an IP Australia spokesman. ''The registrar believes it lacks distinctiveness.''
It now falls to Ten to persuade the trademarks registrar that it should be allowed to use One for its channel, which has been running since March.
SBS rubbished Ten's argument that viewers would be confused if the government-owned broadcaster used the word. ''The use of the letters 'SBS' or use of SBS's logo in association with the words 'One' and 'One HD' are distinctive enough to ensure viewers aren't confused,'' said an SBS spokeswoman. ''The content on the channels in question is also distinctive enough not to cause confusion between SBS's channels and Network Ten's.
''Many broadcasters use numbers to identify different digital channels and Ten did not have sole proprietary rights to use the terms either 'One' or 'One HD'.''
Ten has successfully registered ''One. Sharing one passion. Sport'', which sits under the One logo but this is only a tag line that is used in various promotional activities.
Ten has three months to file evidence to support its claim on the word ''One'' but intellectual property lawyer Trevor Choy says Ten's argument is weak because it hinges on the belief that the SBS logo has little recognition among Australian TV viewers.
''I would have thought the SBS logo was a very strong part of the marques, and in fact far stronger than the word 'One' could ever be for Network Ten. When I see the SBS Mercator logo - even without the words SBS by it - I recognise the channel immediately. But when I see the word 'One', I don't automatically think of [Ten's] sports channel.''
Mr Choy said IP Australia's objection to Ten's application was a sign that the registrar did not buy Ten's argument that it had a monopoly on the word.
''In the meantime, Network Ten is threatening SBS with a stick that they don't even have yet,'' he said.
