Oh yes there is no way that any of the BMW owned trademarks are still valid or would stand up in court because Rover simply didn't protect them at all. If you don't protect a trademark then it becomes invalid. The problem is that BMW have lots of very expensive lawyers on retainer and can afford to sue people, which is scary. They are paying their lawyers not to take people to court but to keep them out of court with threats, stalling and delays. If anyone ever accepted the challenge there is a good chance that BMW would loose but there is always a small chance that they would win and the financial award would be massive so people just don't want to risk it. If BMW ever did loose they would then go after British Aerospace and the British government for mis-selling MG Rover to them by suggesting that these rights were still in place when they knew it was not the case. So even the government has a good reason to keep BMW in control of this. Realistically there is nobody who is going to win this in court.
How about we fund it through everyone who is on the mini forum.. Lets face it what threat is the old mini to the new mini. None. I have no doubts in my mind that this could be won but like you say its how much money you would need to throw at it!! The thought is there i guess but not practical!!
So who produces the mini speedster is it the same situation?
but I was searching about for the Domino Pimlico Mini (I was saving to buy one of these kits when the company went under) and come across this thread which has left the Domino as dead. However according to Wikipedia its not see 
