Kraft sues Grupo La Moderna unit over cookie packaging

Kraft Foods Inc., the largest U.S. foodmaker, sued a unit of Mexico's Grupo la Moderna SAB de CV for trademark infringement.

The suit relates to Interamerican Foods Corp.'s sale of chocolate chip cookies whose packaging allegedly infringes the packaging of Chips Ahoy! cookies produced by Kraft's Nabisco unit.

The la Moderna cookies' package uses "virtually the same blue color" as the Chips Ahoy! package, and reproduces many of the design features of the Nabisco product, according to the complaint filed April 13 in federal court in Chicago April 13.

Consumers are likely to be confused into thinking the La Moderna cookies come from the same source as Chips Ahoy!, Kraft says it its complaint. The Chips Ahoy! package design isn't functional, the company says in its pleadings.

Although La Moderna has acknowledged making unauthorized use of the Chips Ahoy! package design, the allegedly infringing products are still being sold in the U.S. by Interamerican Foods, according to court papers.

Kraft seeks a court order barring future infringement and mandating a recall and destruction of all products in the allegedly infringing packaging. The company also asked for attorney fees and litigation costs and money damages, requesting the damages be tripled.

Additionally, Northfield-based Kraft asked for an award of the amount by which Interamerican had been "unjustly enriched" from the alleged infringement.

Kraft is represented by Nina M. Knierim and Thomas P. White of Chicago's Schiff Hardin LLP of Chicago.

The case is Kraft Foods Global Brands LLC v. Interamerican Foods Corp., 1:10-cv-02249, U.S. District Court, Northern District of Illinois (Chicago).