Bluebird restorer fails to pay over trademark loss

Five people look on as the Bluebird craft is transported on the back of a lorry. Some of the watchers are taking photographs on their phones as they stand behind a stone wall. The village of Coniston can be seen in the background.Image source, Getty Images
Image caption,

Bluebird was cheered by onlookers when it finally returned to Coniston last year

  • Published

The restorer of Donald Campbell's Bluebird has not settled a £1,000 charge for legal costs more than six months after losing a trademark fight with the record-breaker's family.

Bill Smith, who helped rebuild the hydroplane after its wreckage was recovered from Coniston Water in the Lake District, had applied to register the name of his Bluebird Project (BBP) group.

But the bid was opposed by Mr Campbell's nephew, Donald Wales, over fears the family's existing trademark could be damaged through any association with the Tyneside engineer, who was involved in a years-long legal row over the craft's ownership.

Mr Smith said Mr Wales had "cost himself a good chunk of money to achieve nothing".

Mr Campbell was killed in January 1967 as he tried to push his water-speed record past 300mph (480km/h).

His craft's wreckage was recovered in 2001, with the Campbell Family Heritage Trust granting ownership to Coniston's Ruskin Museum in 2006 and Mr Smith enlisted to lead the restoration.

Mr Smith later said he was entitled to part-ownership as a result of the repair work he and his group had undertaken.

He relinquished his claim in January last year and as part of a settlement paid £25,000 towards the museum's legal costs, external.

Submitted in 2021, Mr Wales alleged the attempt to secure a trademark for use on BBP items including merchandise involved "questionable behaviour and sharp practice" given it rested on Mr Smith's ownership stance, which was "disputed" by both the museum and the Campbell family.

'True colours'

A ruling by the government's Intellectual Property Office, external last year found Mr Smith had applied in "bad faith" and awarded Mr Wales £1,026.50 towards his legal costs which had totalled £6,550.

It is understood the figure had to be settled by late September.

A County Court Judgement entitling Mr Wales to instruct bailiffs to recover the money has since been issued against the BBP.

Mr Wales said the non-payment showed Mr Smith's "true colours".

"To use the legal system to try to obtain what he wanted [a trademark] but then lose and not pay his dues just shows the true character of the man."

Bill Smith (centre) talks to two men at the gate of his engineering yard in North Shields. He is wearing a blue woolie hat bearing The Bluebird Project logo as well as a blue hoodie with the same logo.Image source, PA Media
Image caption,

Bill Smith (centre) had wanted to trademark the Bluebird Project name and logo, which he has used on merchandise such as hats and hoodies

Mr Smith previously described the trademark panel's findings as "inconsequential".

When asked on Tuesday by the BBC why the money remained unpaid, Mr Smith alleged Mr Wales had not been truthful in the evidence submitted to the trademark panel.

He said: "He cost himself a good chunk of money to achieve nothing whatsoever.

"I was more than happy to work within the legal framework."

The trademark ruling does not affect Mr Smith's use of the Bluebird Project as the name of his private limited company.

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