The multi-national claims Interamerican, a leg of Mexican firm, Grupo la Moderna S.A.B. de C.V, are selling chocolate chip cookie products using packaging similar to Chips Ahoy! products.

In the suit, Kraft stated: "Interamerican has sold and is selling chocolate chip cookie products with packaging that is very similar to, and was clearly derived from, Kraft Foods' package design. Interamerican's unauthorised use of Kraft Foods' trade dress on the packaging of its chocolate chip cookie products is likely causing confusion, mistake, and deception among consumers, and diluting the distinctive nature of Kraft Foods' trade dress."

Kraft added that they contacted the Mexican division of Interamerican and La Moderna before filing the suit whereby they acknowledged the similarity and promised to suspend production.

But the product continued to be sold resulting in Kraft taking legal action.