In June 2020, I wrote a newsletter called “How Tesla’s Elon Musk dunks on the competition just as their momentum builds,” where I dissected Tesla’s strategies to derail competition in its footsteps. It seems that anytime a competing automaker is about to make a substantial step forward, Musk or Tesla releases an update that simply takes away any attention from anyone else. In this week’s newsletter, I want to talk about what Elon Musk and Tesla can do in 2021 to combat an expanding EV market, and take momentum away from the companies that claim they are “the next Tesla.”
Rivian
With Rivian coming to the market soon with its R1T pickup and R1S SUV later this year, Tesla has a unique opportunity to halt the oncoming automaker’s momentum. Rivian, headed by CEO RJ Scaringe, has an adventurous, outdoorsy appeal to its consumers and its reservation holders, a strategy that truly speaks to the EV drivers who choose electric powertrains because of their environmental impact. Rivian is likely the first electric car company that will see its products regularly used in offroad settings, just what they’re geared for.
Tesla has always had a relatively luxurious connotation with its name, as its cars are usually sporty, sleek, and perfect for open road driving where the accelerator can occasionally hit the floorboards (not suggested or recommended by me). However, Rivian’s R1T, which sports a traditional pickup truck design, isn’t as talked about or as popular as the Tesla Cybertruck. On frequent occasion, the Cybertruck seems to come out of nowhere with a newly-released modification or design update at the hands of Elon Musk. With Musk revealing that the Cybertruck has been modified and reduced in size by 3%, there is no reason that Tesla won’t show new pictures of the all-electric “Cyberpunk” inspired pickup when Rivian is about to gain momentum. The conversation will almost surely switch back to Tesla because of its name, the truck’s “polarizing” design, and Tesla’s notoriety in the segment.
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The R1S is a little bit tougher of a cookie to crack for Tesla because it doesn’t have anything that really matches the design of Rivian’s SUV. The only thing that could derail attention from the R1S are details about Tesla’s electric van. However, with the Cybertruck, Roadster, and $25k vehicle projects being talked about already and delays due to battery constraints, there isn’t much hope to hearing about the Tesla Van in the near future.
Even still, something simple as renders or Musk even mentioning the possibility of an electric van will drive media into a frenzy. It will likely be one of the only things talked about in the automotive world for several days. While Rivian will release its R1S, it will get coverage, but Musk and Tesla will take priority, I’d assume.
Lucid
Lucid is a company that seems to have the best chance of competing with Tesla in terms of electric car performance. The Lucid Air Dream Edition Limited is one of the premier electric vehicles in terms of performance, and it proved it by setting records at the Laguna Seca raceway in California. Arguably the most sporty electric car since the Model S, the Air has Tesla roots as Lucid’s CEO and CTO is Peter Rawlinson, a former Tesla employee who helped with the Model S project.
The problem for Lucid is that Tesla has the Roadster coming out within the near future. Lucid has already delayed production due to the pandemic, and it won’t come until later this year. Tesla has put the Roadster on hold several times, as it is still in development for a few meteoric features, like hovering, that Elon Musk seems hellbent on figuring out. While the Lucid Air has incredible performance and range that is impressive in its own right, it doesn’t hold a candle to the performance, range, or suspense that Tesla Roadster fans have felt. Updates to the Roadster are unbelievably sought after by enthusiasts, and any small detail is eaten up instantaneously by those who are interested in the vehicle. It is fair to assume that if Lucid announces its initial deliveries of the Air, Tesla could counter it with an update to the Roadster, big or small.
Not to mention, Tesla could singlehandedly take most of Lucid’s appeal away with a quick 10-second clip of the Model S Plaid+ doing a quarter-mile drag. Many people would be interested in the Air’s most robust performance package until they see the 1.7-second 0-60 MPH from Tesla’s new Model S powertrain.
Legacy Automakers and OEMs
There are a lot of advantages here, and one of the biggest could be Tesla’s introduction of Giga Texas later this year. More than a production plant, this facility is set to be an entire experience. A boardwalk, entertainment, tours, you name it. Giga Texas will be a production facility that puts much of its competition to bed simply because of its appeal. It will likely be the most immersive, personal “tour” experience that anyone ever has at a vehicle production plant. Who other than Tesla to make it happen?
Tesla doesn’t have to do much different than what it has done for the past few years to take momentum away from legacy automakers. Continuing to build highly-effective, revolutionary electric cars is all Tesla needs to do to convince people that it is ahead of legacy car companies in this front. Not much needs to change.
Tesla does have its work cut out for it in Europe, though. European EV sales figures are dominated by Volvo, Kia, Renault, BMW, and Volkswagen. Tesla doesn’t have a car in the Top 20 in Europe yet this year, according to the EV Sales Blog. With Giga Berlin coming later this year as well, this will surely change. My guess is the Model Y cracks the Top 5 no later than three months after Giga Berlin’s initial rollout, simply due to demand, the appeal of the crossover body style in Europe, and the distinct advantage Tesla has over legacy car companies in terms of software.
Despite the tumble on Wall Street, Tesla still has plenty of time to turn 2021 around. With the EV sector growing this year as new manufacturers release their first products, Tesla has an opportunity to show that they’re still able to compete with the young guns of the EV industry. Tesla is sure to remain the top dog, and it could take some simple derailing of competition, just like it has done for years.
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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.
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
