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Pablo Escobar’s brother wants $100 million in Tesla shares for Not-a-Flamethrower dispute
Elon Musk is no stranger to taking on powerful forces that stand in the way of his Earth-changing missions, but drug lord families still seem like an odd addition to the list. Despite the improbability, infamous cartel founder and cocaine kingpin Pablo Escobar has recently been linked to the serial entrepreneur over The Boring Company’s Not-a-Flamethrower, specifically through Escobar’s brother. Roberto Escobar claims Musk stole the Flamethrower design from him and plans to sue over it – unless Musk agrees to hand over $100 million dollars in either cash or Tesla shares, that is.
“Elon we both know you stole from me, I am OK to settle this right now for $100 million. Tesla shares is OK or cash. I will win in court, and you will lose more than $100 million,” Escobar said in a statement to The Next Web. “Maybe I will make myself new Tesla CEO with the courts?… Let’s settle this like gentleman. Send me the Tesla Shares to Escobar Inc.”
Someone associated with Musk’s business activities reportedly spent time with Escobar (the living brother, not the deceased drug lord) in the summer of 2017 wherein an Escobar Inc. toy flamethrower concept was discussed, according to a report originally published by TMZ. The Boring Company’s Flamethrower, announced in January 2018, apparently was a dead ringer for Escobar’s idea design-wise, leading cartel leader’s brother to angrily conclude that his idea had been stolen. Musk later responded to TMZ‘s report on Twitter, saying “It’s Not a Flamethrower, Mr Escobar.”
The dispute is interesting and unusual, to say the least, but we can be sure there’s one thing Boring clearly did not get from Escobar Inc. – the flamethrower’s purpose.
“I want the people to be able to burn money, like me and Pablo used to do. I burned probably a couple of billion dollars over the years. Literally burning the money. For many reasons,” Escobar was quoted as saying about the device.
Escobar is now weighing his legal options against Musk, although it’s not clear what options are exactly available.
Prior to 2013, if an inventor could demonstrate their invention predated someone else’s patented invention for the same thing, they could sue and work out a financially retroactive deal to be compensated for their work (more or less). However, with the enactment of the America Invents Act, the United States now has a “first to file” system that only gives inventors one year from public disclosure of their invention to file for patent protection. In Escobar’s case, he’s basically too late to file for a patent where it would matter most to Musk – in the United States. The only other legal workaround would seem to be a lawsuit over a non-disclosure agreement, which doesn’t appear to have happened here. It’s not enough that there were witnesses to the discussion, and it also doesn’t seem like there was even a handshake-type understanding over any claims to the design.
Another thing worth mentioning is that if The Boring Company has already filed for patent protection of its Not-a-Flamethrower design, it doesn’t appear to have published yet based on patent database searches. Since the idea was disclosed in January 2018 (or even 2017, based on Escobar’s claims), it’s now considered ‘prior art’ and renders any other highly similar patent filings ineligible for protection. It would appear that Escobar’s best bet for legal protection would have been to file for a patent right after Musk’s flamethrower was announced so both devices would have been in that muddy one-year window and open to a court fight. Alas, it’s all water under the bridge now.
The Boring Company had a few options to pursue here, actually. First, the tunneling venture could have filed for a design patent which only protects what their flamethrower looks like. These types of patent applications usually issue to full patents quickly unless the patent examiner objects to it based on similar designs. If Boring went this route, we should see a patent show up shortly if one was filed around the time of the product announcement in January 2018.
A second option The Boring Company could have taken was to file for a utility patent, meaning there was some sort of technical merit to the Not-a-Flamethrower’s design. These publish 18 months after filing unless non-publication is specifically requested. If Boring went this route, well, there are so many timelines that could have been taken, it’s hard to say whether we’ll see anything until a patent issues, assuming one issues at all. Regardless, the patent route was Escobar’s only real route for lawsuit-driven compensation, and he seems out of luck.
Perhaps in response to recent publicity, the Escobar Inc. Flamethrower just went on sale for $250, and according to its company website’s History page, 20,000 units will be produced. This, of course, is the exact amount the Boring Company sold at the original price of $500. Among other interesting news items, one of the gems from that same History page reads, “2004 – Roberto de Jesus Escobar Gaviria is freed from Itagui Prison based on excellent behavior.” This important moment in the Escobar Inc. chronicles is surely only matched by the successful launch of Escobar Inc.’s Flamethrower for burning cold hard cash in cocaine kingpin fashion.
Investor's Corner
Tesla and SpaceX take “Terafab” Trademark fight to Federal Court
Tesla and SpaceX sue a small Illinois firm after cease and desist letters over Terafab.
Tesla and SpaceX are asking a federal judge to rule that their planned Terafab chip factory does not infringe a small Illinois company’s trademark, a request that arrives only after months of quiet negotiation broke down this summer.
The dispute traces to May 18, when Tesla filed three U.S. trademark applications for “Terafab” and “Tesla Terafab,” covering semiconductor chips and related chip making services. TERA-print LLC, a nanotechnology company that has held a federal trademark for “Tera-Fab” since 2021, responded five days later with a cease and desist letter. According to the lawsuit, first reported by Reuters, TERA-print argued that Tesla and SpaceX’s use of “Terafab” would confuse consumers familiar with its own trademark, which covers a desktop photolithography printer sold to researchers for sensor and bioengineering work.
What stands out in the filing is the timing of TERA-print’s own paperwork. One day before sending that cease and desist letter, on May 22, TERA-print applied to expand its existing registration to cover semiconductor materials, silicon chips, nanoelectronic devices and AI design services, categories it had not previously claimed. Tesla and SpaceX call that filing opportunistic in their complaint, noting it arrived two months after Tesla’s public Terafab announcement and just days after Tesla’s own trademark applications went in.
Elon Musk launches TERAFAB: The $25B Tesla-SpaceXAI chip factory that will rewire the AI industry
By June 10, TERA-print was threatening to sue for federal trademark infringement, false designation of origin and unfair competition, the complaint states. Rather than wait to be sued, Tesla, SpaceX and SpaceXAI met with TERA-print six separate times between June and August trying to resolve the dispute directly. Those talks collapsed, and the companies filed for declaratory judgment this week in the U.S. District Court for the Western District of Texas, asking a judge to find that “Terafab” does not infringe TERA-print’s mark before TERA-print can file a claim of its own.
TERA-print isn’t backing down. The company told PCMag it discussed a settlement with Tesla as recently as September 2 and feels misled by what it called Tesla’s professed interest in settling. Its CTO, Andrey Ivankin, said TERA-print holds a Defense Department contract to fabricate semiconductors and partially owns Mattiq Inc., an AI company built on TERA-print’s products, and that the company will vigorously defend its rights.
Tesla and SpaceX argue the overlap is superficial. Terafab is planned as a $16.8 billion complex spanning roughly 100 million square feet at the Grimes County site SpaceX confirmed last month, built to produce chips for Optimus robots, Tesla’s AI computing needs and SpaceX’s orbital data center ambitions, a scale and purpose the companies say no reasonable consumer would confuse with a tabletop lab printer. TERA-print’s product line has stayed focused on lithography tools for biological and sensor research since it registered its mark in 2021.
The trademark fight is the second legal dispute tied to the Terafab project in the past week, following a separate SpaceX suit aimed at keeping company records about the facility out of public view, as KBTX reported. Whether construction proceeds under the Terafab name now depends on a federal judge in Austin.
News
NHTSA just escalated its Tesla Cybercab investigation in a big way
NHTSA escalated its Cybercab audit into a sworn Special Order with a September 30 deadline.
Federal regulators have moved from asking Tesla questions about its Cybercab to demanding sworn answers. The National Highway Traffic Safety Administration issued a Special Order that requires a Tesla officer to sign an affidavit attesting to the completeness of the company’s responses, with a deadline of September 30.
The order builds on Audit Query AQ26002, which NHTSA opened on September 3, the same day Tesla began commercial Cybercab service in Austin. Teslarati covered that initial inquiry when it surfaced, noting the agency wanted to understand how Tesla certified a vehicle with no permanently attached steering wheel, pedals, or mirrors as compliant with Federal Motor Vehicle Safety Standards. A Special Order is a different tool and converts a fact finding review into a legally enforceable demand, the same mechanism NHTSA used against Tesla in 2023 during its Autopilot investigation.
Several of the 21 requests target a specific gap in Cybercab’s design. One asks whether Tesla used temporarily attached human controls at any point to help certify the vehicle, and if so, which standards depended on that equipment being present. Another quotes an existing rule directly: “The service brakes shall be activated by means of a foot control.” Cybercab has no foot pedal. NHTSA wants a detailed explanation of how the vehicle satisfies that requirement, and how it complies without the kind of exemption granted to Zoox in July under Part 555, the regulatory pathway built for steering wheel free vehicles.
The order does not claim Cybercab is unsafe or that Tesla broke a rule. It requires Tesla to explain, under oath, the reasoning behind decisions the company already made when it self-certified the vehicle. That distinction matters, but so does the exposure. Motor1’s reporting, summarized here, put potential civil penalty exposure as high as $139 million if NHTSA later finds the certification was flawed, on top of whatever criminal risk comes with a false sworn statement.
Tesla has not said publicly how it plans to respond. Cybercab is still carrying passengers in Austin through the Robotaxi app while the September 30 deadline approaches, and the company has continued expanding the vehicle’s footprint even as the regulatory question remains open. The Special Order does not pause any of that and just sets a date by which Tesla has to put its certification logic on the record, with a company officer’s name attached to it.
In a new interview on Wednesday, Tesla uber bull Ron Baron said that anyone looking to buy the company’s stock should do so as soon as they can.
Baron, founder and CEO of Baron Capital and one of Tesla’s most persistent institutional bulls, used a CNBC Squawk Box appearance on Wednesday to deliver a familiar message with fresh urgency: In his opinion, Tesla stock is a buy:
“The time to buy the stock is now. FSD is catching on, and it’s going to be bigger and bigger. 55% of new buyers are buying it (Teslas) with FSD. It’s going to be everywhere. It’s safer.”
The Baron Capital frontman’s case is built around Full Self-Driving. Tesla reported 1.48 million active FSD subscriptions in the second quarter, up 56 percent year over year, and company officials have said roughly 55 percent of new North American deliveries left with a subscription enabled.
Baron framed that attach rate as proof the product is moving from enthusiast extra to default expectation, and as a reason software, not just vehicle volume, should drive the next phase of value.
His conviction on Tesla shares is not theoretical, as Baron Capital made its first Tesla investment in 2014, after years of meetings that began around the 2010 IPO roadshow. The firm later built a large SpaceX position starting in 2017.
Ron Baron today in new interview on Tesla:
“The time to buy the stock is now. FSD is catching on, and it’s going to be bigger and bigger. 55% of new buyers are buying it (Teslas) with FSD. It’s going to be everywhere. It’s safer.” pic.twitter.com/Rv5PB0bVZ2
— Sawyer Merritt (@SawyerMerritt) September 16, 2026
Baron said those Musk-led bets have generated about $30 billion of the $71 billion in profits Baron Capital has produced for clients. He put the firm’s current exposure at roughly $25 billion in SpaceX and $5 billion in Tesla. Personally, he described SpaceX as his largest holding, at about $5 billion, with about $1.5 billion in Tesla and additional Tesla exposure through the firm’s funds.
That concentration is also a statement of loyalty. Asked about talk of a SpaceX-Tesla combination, Baron said he had already walked Elon Musk through arguments for and against a deal, then declined to repeat them on air. His public position was simpler: “Whatever you decide is better is what I’m going to support,” he said to Musk.
Baron also said that he picked up the farewell edition of the Model S after Tesla decided to sunset the vehicle earlier this year, calling it his favorite car he’s ever driven.
Tesla and SpaceX take “Terafab” Trademark fight to Federal Court
NHTSA just escalated its Tesla Cybercab investigation in a big way
