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Elon Musk’s ‘Teslaquila’ legal team pushes back on patent examiner’s naming concerns

Elon Musk shares an image of a Teslaquila bottle. [Credit: Elon Musk/Instagram]

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It appears that Elon Musk and Tesla’s legal team are not ready to give up on the idea of making “Teslaquila” just yet. In a response to a patent examiner who rejected Tesla’s trademark application, Tesla’s legal team called on the US Patent and Trademark Office (USPTO) to allow the company to proceed with its trademark application for Teslaquila, an alcoholic beverage teased by Elon Musk on Twitter.

While Teslaquila started off as a dark-humored April Fool’s joke from Musk, the CEO has noted that Tesla will indeed release the beverage in the future. Sure enough, Tesla eventually filed an application with the USPTO to trademark the alcoholic beverage on October 2018, listing the product as “distilled agave liquor” and “distilled blue agave liquor.” 

Unfortunately for the electric car maker, the trademark application was rejected by a patent examiner on account of Spirit Tesla, another liquor brand whose name would allegedly be confusingly similar to Teslaquila. The trademark for Spirit Tesla, whose bottles showcase a portrait of Nikola Tesla, is owned by Serbian brewing company Valjevsko. In its response to the patent examiner, Tesla’s legal team argued that Teslaquila will likely not be confused with Spirit Tesla. 

Explaining their points, Tesla’s legal team argued that the name “Teslaquila” is instantly recognizable as a drink related to the electric car maker, both for buyers of the beverage in the United States and other regions. In contrast, Spirit Tesla notably invokes a connection between the liquor and the “spirit” of Nikola Tesla. Tesla’s legal team also pointed out that Teslaquila and Spirit Tesla are not similar products, considering that the former is listed as distilled agave liquor/distilled blue agave liquor and the latter is used in connection with plum brandy, also known as Slivovitz. 

With these points in mind, Tesla’s legal team noted that confusion between Teslaquila and Spirit Tesla will be unlikely. “Accordingly, the likelihood of confusion between Applicant’s mark and the cited mark is de minimis, if not altogether absent, and Applicant requests the refusal be withdrawn,” Tesla’s legal team wrote in its reseponse. 

It should be noted that Tesaquila is not the first themed alcoholic beverage that will be released by an Elon Musk-led company. Back in 2016, SpaceX offered a limited-release SpaceX Wine in celebration of the Falcon 9’s successful landing. With this in mind, a whimsical, alcoholic drink named after the electric car maker does seem to be in character for Elon Musk and his disruptive auto and energy company.

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Read Tesla’s response to the rejection of Teslaquila’s trademark application below.

Teslaquila Patent Response by Simon Alvarez on Scribd

Simon is an experienced automotive reporter with a passion for electric cars and clean energy. Fascinated by the world envisioned by Elon Musk, he hopes to make it to Mars (at least as a tourist) someday. For stories or tips--or even to just say a simple hello--send a message to his email, simon@teslarati.com or his handle on X, @ResidentSponge.

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SpaceX just launched its secret Starfall saucer again

SpaceX launched its Starfall capsule again on Bandwagon-5, this time listed openly beside rideshare customers.

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An artist’s illustration of a SpaceX Starfall capsule reentering Earth’s atmosphere. (Image: SpaceX)
An artist’s illustration of a SpaceX Starfall capsule reentering Earth’s atmosphere. (Image: SpaceX)

SpaceX launched its Starfall reentry capsule for the second time on Tuesday morning, flying it as the payload of the Bandwagon-5 rideshare mission. Falcon 9 lifted off from Space Launch Complex 40 in Florida at 7:04 a.m. ET with 32 payloads, and the first stage booster, on its 19th flight, landed on the droneship A Shortfall of Gravitas about nine minutes later.

Starfall was scheduled to separate last, 2 hours and 48 minutes after liftoff. The final customer satellite on SpaceX’s mission timeline comes off the upper stage about an hour and nine minutes in, which left a long gap before the capsule was due to be released alone. SpaceX later posted that the payload deployment sequence is complete. At liftoff, the company said Starfall “enables affordable, routine access to a microgravity environment, providing unique opportunities for on-orbit manufacturing, scientific research, and testing.”

As Teslarati reported before the first Starfall flight, SpaceX made no public announcement about the vehicle then, and nearly everything known came from FAA and FCC filings. This time Starfall is an item name on the official mission page, listed beside paying rideshare customers. SpaceX has still not said what, if anything, is aboard this Starfall, Spaceflight Now noted.

The FAA’s environmental assessment from May describes a disk about 10.2 feet wide and 2.5 feet tall that weighs roughly 4,600 pounds and can bring 2,200 pounds of payload back to Earth.

Interestingly, the same rocket also carries a competitor’s hardware. Varda Space Industries launched its W-Series 7 capsule on Bandwagon-5, a spacecraft about three times smaller than Starfall that will test whether microgravity can improve the solubility of a cancer drug called Protac. It is Varda’s ninth reentry capsule, and W-8 and W-9 launched earlier this month on Transporter-18. SpaceX has been Varda’s launch provider since the company’s first Falcon 9 rideshare contract in 2021.

SpaceX has not published where or how this Starfall will come down. The preview we ran in June described a recovery from the Pacific Ocean, and the company has not said whether this flight follows the same plan. The launch also arrives hours before SpaceX posts its third quarter results after the market closes, a report we previewed earlier this week.

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The Boring Company’s latest Tesla tunnel truck mod “fits like a glove”

The Boring Company has modified a Tesla powered tunnel truck to carry freight containers underground.

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The Boring Company has found a second job for the Tesla hardware it already runs underground. In a post on X, Elon Musk’s tunneling company showed its latest Prufrock Liner Truck modified to carry a standard 20 foot shipping container. “Using TBC tunnels to transport freight,” the company wrote. “The latest Prufrock Liner Truck (using Tesla Model 3 batteries and drive units) has been modified to carry a standard 20′ shipping container. Fits like a glove!”

The photo shows a red container sitting on a long, low white chassis parked outside, with drive hardware visible at one end. The Boring Company did not say where or when freight hauling would start, which customers it has in mind, or how many trucks it is converting.

Until now, the liner trucks have hauled concrete. Teslarati reported in August on Liner Truck 3, which uses Model 3 battery packs and drive units to move more than 22,000 pounds of precast tunnel segments to the boring machine. It has 28 miles of range, tops out at 12 mph, and is piloted remotely from the company’s operations center in Texas. The freight version appears to be the same platform with a different bed, and The Boring Company has not said whether it will also be remotely piloted.

Freight has been on the company’s menu for years. When TBC updated its product lineup in 2021, its freight tunnel was described as sized to fit a standard shipping container, “barely.” The company later used the idea at Tesla’s own factory, where Prufrock 3 dug a tunnel to Giga Texas that now moves finished Cybertrucks away from the production line.

The Boring Company closed a $3 billion Series D in September at a $23 billion valuation, and Teslarati has covered how that money is tied to a UAE tunneling push and a faster Nashville build. In Nashville, Prufrock MB1 and MB2 are mining at the same time, and a third machine is expected to launch in late October. Each machine needs a steady supply of liner trucks, so any design that works for segments and containers alike gives the company more use out of the same Tesla parts.

The Vegas Loop remains the only Boring Company system open to the public, and it moves passengers in Tesla vehicles. A freight service would be a separate product, and the post gave no indication that one is close to launch. For now, it is a truck, a container and a short caption saying they fit together.

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Elon Musk will give ‘every kid in America’ a SpaceX share in 2027

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Credit: Grok Imagine

Elon Musk said he is planning to give “every one of his SpaceX shares to every kid in America” in 2027, stating that “this will be the first of many.”

SpaceX went public earlier this year, and its stock price has been relatively stable since leveling off shortly after its IPO. Based on its current price, it’s a gift of just over $10 billion to children across the United States.

It appears to be closely related to President Donald Trump’s bank accounts for children, which were set up earlier this year as Trump Accounts.

Just hours earlier, Anthropic had announced the establishment of its Anthropic Public Benefit Fund, “a new wholly-owned entity dedicated entirely to public benefit.” Musk responded by stating he recommended “giving the shares directly to the public,” and that he would be doing it that way.

Just a little bit later, Musk said children across the U.S. would be getting a share from him:

There are roughly 70 million children, meaning someone under the age of 18, in the United States, according to the Federal Interagency Forum on Child and Family Statistics. Musk’s ownership of SpaceX stock shows he has around 849 million Class A shares of SpaceX stock, according to filings with the SEC.

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