Well,
In a complete coincidence ( I was looking at Inverness Green paint chips on teh Interwebz) I happened across this bit from A.R. Duchossoir's book GIBSON ELECTRICS The Classic Years detailing the circumstances of the Firebird/Thunderbird. It seems Fender was serious about it even if it never went to trial. In retrospect one has to wonder - maybe this where Gibson learned how to rattle the saber.
This is all quoted from the book..........
"The fate of the orignal Firebird was sealed when Fender stepped up the pressure to argue with Gibson about it's body style, claiming it was infringing on it's own patented designs. And more specifically on the patent for the "off-set waist" design applied to the Jazzmaster and Jaguar (#29609600 filed 13th January 1958 and granted 22nd November 1960) Ted McCarty recounts: "We had a number of meetings with the (Fender) people in Chicago. Don Randall was present for Fender at the time, and Don and I sat down with our attorneys and battled over this for several days. This was a pre-trial arguement, we never went to court over it. But they had their attorneys and we showed why we were not infringing, and they thought we were because of the shape." Coincidentally, Fender Sales put out an advert headlined " The most imitated guitar in the world' during this period!
CMI had difficulty getting the Firebird series accepted by dealers and customers alike. As outlined by Ted McCarty: "We were always alert to what the customers wanted and what the industry wanted". When we had something that they didn't like too well we altered it and changed it." The juxtapostion of Fender claims and disappointing sales led Gibson to modify the original Firebird series in Spring of 1965.
Again, Ted McCarty recalls: "We talked it over with Mr Berlin (CMI' president) and he said: 'What's the point? That does not mean a thing' and then he said: change the design a little, it's not that important. They (Fender) knew they wouldn't get anywhere with that suit, you know. But more or less in a friendly gesture, as far as we were concerned, we said: "if it bothers you, we'll change it." We had been in business since 1894. We were established and recognized and they were coming up and claiming their way! But they did a great job...no question about it...that solid body guitar changed the whole industry.