Interamerican cookie chip cookies. Kraft says Interamerican has ignored requests to stop using the packaging.

By Becky Yerak |
Kraft Foods wants a rival to say goodbye to cookie packaging that it alleges is strikingly similar to its Chips Ahoy brand.

In a lawsuit filed Tuesday in a U.S. District Court in Chicago, Northfield-based Kraft alleges that Interamerican Foods Corp. is selling chocolate chip cookies with packaging “that is very similar to, and was clearly derived from, Kraft Foods’ package design.”

Kraft said the packaging “is likely causing confusion, mistake, and
deception among consumers.”

Neither Texas-based Interamerican nor La Moderna S.A. de C.V., a Mexican
company that the lawsuit says owns Interamerican, could be reached for
immediate comment.

Kraft said Interamerican, which distributes in the United States food
made by La Moderna, has disregarded requests to stop using the
packaging, which the lawsuit claims, among other things uses the same
blue color, light blue swirl highlights, and a yellow swirl in the lower
left corner.

“Interamerican’s unauthorized use of the Chips Ahoy! Trade dress is
likely to deceive or confuse consumers into thinking that
Interamerican’s cookies are Chips Ahoy! Products,” said the lawsuit,
which alleges trade dress infringement, trade dress dilution and unjust
enrichment.

Kraft wants Interamerican to stop using the packaging and is also
seeking damages.

Here’s a copy of the lawsuit with photos of the two products.