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Opinion: Where would Herbert Diess fit best (hypothetically)?

(Credit: Daniel Aharonoff/Twitter)

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Herbert Diess is officially no longer a Volkswagen employee, effective Wednesday. The seven-year reign as CEO and Chairman of the Board of Management came to somewhat of an abrupt end after Diess and VW decided to part ways at the end of August.

“These were the most rewarding seven years of my career. The future of our industry can be brilliant, but we have to change fast. Volkswagen has already changed tremendously and is well underway,” Diess said. “We have transformed the company that was seen as an autocratic cheat into a global thought leader in clean mobility.”

Herbert Diess bids farewell to Volkswagen on his final day as CEO

Diess’s future remains in question, and while retirement is the likely option, there are several routes that he could potentially go, barring any stipulation in his contract that would eliminate the possibility of working for a competitor. While it is a long shot, Diess has three main automakers he would likely benefit from almost immediately, making an impact on several companies as his proven track record speaks for itself.

Tesla

herbert diess elon musk

(Credit: Herbert Diess/LinkedIn)

While I have already been in numerous discussions with various people about this possibility, and even though it seems unlikely, the first company that Diess would benefit is Tesla. Not only does Diess share a friendship with Elon Musk, but he could also benefit Tesla’s European business with additional expertise on the market. VW has performed very well in Europe in terms of EVs, and helping Tesla expand its operations throughout the continent would likely be a huge advantage for the company.

Tesla undoubtedly has a bright future in Europe, but Volkswagen currently holds the EV title there. The AG owned 1/4 of the European plug-in market in 2021, according to CleanTechnica data.

Toyota

I believe Diess has the track record to be a considerable ally to Toyota. Why? Toyota and VW have a lot of parallels, and Diess would likely navigate through them with considerable success.

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Toyota is the world’s largest automotive manufacturer by volume, and it has been for some time. The last time a major automotive manufacturer outproduced Toyota was when GM built nearly 1M cars more than the Japanese company in 2011. Even VW finished ahead of Toyota in terms of production that year, but it has been a masterclass in production ever since.

toyota bz4x

Credit: Toyota

Volume is not the only way the two companies are somewhat similar. EV development is also somewhat of a parallel. VW has coming out of the Dieselgate crisis and had to make major waves to regain consumer trust. Diess knew this, and pushed incredibly hard for several years to help VW reinvent its reputation as a sustainable company. Toyota really needs the same thing.

Although it isn’t going thru an emissions scandal, Toyota has basically half-committed to EVs, aiming to go toward hydrogen and hybrid vehicles instead. It is not to say that the company hasn’t contributed to sustainability in other ways: the Toyota Prius was a huge step forward in sustainable transport. Evolution needs to continue, however, and it is time for Toyota to really begin developing some high-tech EVs. They’re falling behind, and Diess, with his experience in high-volume companies and sluggish EV plans, is a good fit.

General Motors

GM would also be a good fit for Diess simply because of his push and determination to transition a company quickly. GM is honestly a company that has so much potential, but it feels like they’re falling just short of the mark in so many areas. The Bolt has plagued GM with bad advertising for several years, the HUMMER EV is having more issues than what were anticipated, and the company’s plans for electrification seem to be one drastic announcement followed by silence and promises that they’ll one day overtake Tesla.

While Tesla dominates the industry now, it will eventually take a few decades for others to catch up, and they likely will. However, Tesla is establishing itself as the leader and it is no secret. It is going to take a long time to figure out the tech and the manufacturing and the supply chain.

2022 gmc hummer ev production

The first 2022 GMC HUMMER EV Pickup Edition 1 exits Factory ZERO in Detroit and Hamtramck, Michigan. VIN 001 was auctioned in March 2021 at the Barrett-Jackson Scottsdale auction for $2.5 million to benefit the Tunnel to Towers Foundation. (Photo by Jeffrey Sauger for General Motors)

GM will likely catch up to Tesla, but it won’t be in the 2020s or 2030s. They’ll all even out, just as the market is now. A lot of car companies do a lot of business, and it’s only a matter of time before other companies begin to figure things out.

GM will absolutely be a true player in the EV industry, and it’s just going to take some time. This is where I feel Diess would be a considerable asset to GM, simply because he emphasized on accelerating VW’s transition to sustainable energy. The goals of 2035 or more were simply not going to work. Things needed to be figured out now, and the goal is to establish yourself as an early player in the disruption of a sector. VW has done that thanks to Diess, GM has announced more (at least to me) but accomplished considerably less.

I’d love to hear from you! If you have any comments, concerns, or questions, please email me at joey@teslarati.com. You can also reach me on Twitter @KlenderJoey, or if you have news tips, you can email us at tips@teslarati.com.

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Joey has been a journalist covering electric mobility at TESLARATI since August 2019. In his spare time, Joey is playing golf, watching MMA, or cheering on any of his favorite sports teams, including the Baltimore Ravens and Orioles, Miami Heat, Washington Capitals, and Penn State Nittany Lions. You can get in touch with joey at joey@teslarati.com. He is also on X @KlenderJoey. If you're looking for great Tesla accessories, check out shop.teslarati.com

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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.

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SpaceX Terafab rendering

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.

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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.

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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.

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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.

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Investor's Corner

Tesla uber bull Ron Baron says ‘the time to buy the stock is now’

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Credit: Tesla

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.

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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.

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