A DAVID and Goliath battle has forced a tiny café to ditch one of it’s best selling brands after renowned tearoom Bettys threatened legal action over its use of the name Fat Rascal.

Sandgate Coffee and Delights, a three table establishment in Whitby which is run by Helen Matos and Mark Whittaker, was warned by Bettys they were infringing trade copyright by calling their rock bun-type scones Fat Rascals.

Mr Whittaker said he had baked the scones with his mother when he was five and Ms Matos protested that tradition has it that Fat Rascals were baked on peat fires near Whitby as far back as 1855.

Bettys, which has six tearooms across Yorkshire including two in York city centre, says its sad to have to disappoint the couple – but they must protect their specialities as they sell over 375,000 Fat Rascals a year.

Miss Matos said they were flabbergasted that Betty’s would target their tiny café, thinking it was a threat.

She added: "I believe the name belongs to Whitby and I think people from this town should be able to sell any item that has history in the town. We’re now calling them Whitby Fatties, but nothing has changed, the recipe is the same, the appearance is the same.”

Former Boulby Potash miner Mr Whittaker said: “We didn’t think that somebody could actually register a name for a cake.”

A Bettys spokesman said: “While the name Fat Rascal has some references in old literature, the idea of a plump fruity scone, topped with natural cherry eyes and split almond mouth was created by Betty’s over 30 years ago.

"It’s since become one of our best-selling specialities. As a family business, we’re committed to protecting the name of our specialities for the future and on behalf of all those who hold Bettys dear. It’s what any business has to do.”