It was a battle between an elephant and a flea which should have never taken place.

Seventy-three-year-old Philip Perseval had an idea. He’d make a liqueur from Scotch whisky and cashew nuts, bottle it and called it McBaileys. All proceeds would then go to his micro-small company, Children’s Cancer Aid Limited (not to be confused with Children’s Cancer Aid & Research Institution).

Unfortunately, it didn’t seem to strike Perseval that spirit giant Diageo would think McBaileys was just a bit too close in name to its massive seller Baileys.

According to the Times, the UK Intellectual Property Office, which rules on trademark disputes, ruled in Diaego’s favour and Perseval was ordered to pay £1,500 towards Diageo’s costs.

“Aside from the legal principle of breaching intellectual property rights, it is not appropriate for one of our alcohol brands to be associated with activity relating to children,” said a Diageo spokesperson.