THQ has filed suit against Activision alleging copyright and trade dress infringement. SCORE International Baja 1000 actually does look "virtually identical" to THQ's packaging for Baja Edge of Control. THQ urged the big A to uses different art, but after a million dollars worth of advertising, the A said no. THQ requested the game be enjoined and believes it will be entitled to the profits from the game.
Baja the belt, Activision!
Comparing the two packages, it is pretty clear that Activision at least referenced THQ's artwork. The similarities are ridiculous. The real question is why would Activision do this? Somehow, I doubt that they are actually trying to usurp THQ's customers in such an obvious, but not obviously effective, way.