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Why Tesla’s road in India may end before it even starts

Tesla Model 3 production line in Gigafactory 3, Shanghai, China. (Credit: Tesla)

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This is a preview from our weekly newsletter. Each week I go ‘Beyond the News’ and handcraft a special edition that includes my thoughts on the biggest stories, why it matters, and how it could impact the future. 

For years, Indian citizens have pleaded with Tesla CEO Elon Musk about the possibility of the electric automaker building and delivering cars in the country. India, a large landmass that 1.366 billion people call home, has less than 1% of its 30 million cars being of an electric nature, the most sustainable way to operate a vehicle. However, Tesla aims to change that with an imminent entrance into India’s market. The problem is, Tesla’s road in India may end before it even begins, which would be a massive blow to the company and its supporters in the country, as Tesla fans have waited several years for any indication that the car company would finally make an appearance in their section of the world. But, strict regulations and inside political interests are halting the possibility, and it has people wondering whether the world’s leading electric car company will ever make it to the Indian automotive market.

Many of you who read Teslarati on a daily basis know that we have been tracking the situation in India since the early days. In fact, one of my first articles of 2021, while I was recovering from COVID-19 in January, was about the potential that Tesla had in India’s markets. Additionally, it seemed that some potential customers would be ready to order their first all-electric cars from the Silicon Valley-based electric car company by the time Q2 rolled around. However, these pieces of outlook from Musk were not met because the Indian government has shut down any attempt Tesla has made toward getting their products in the country without the hefty import duties. Unfortunately, it doesn’t seem as if they will be going away soon, either, as Prime Minister Narendra Modi, who has heavily supported the idea of local manufacturing efforts, will not be forced to leave his post or enter another election until 2024.

While local manufacturing is something Americans take a lot of pride in, especially with cars, there are undoubtedly advantages to building things domestically. First, companies must hire workers in the country that the business is stationed in. Next, the increase of manufacturing jobs not only improves the American economy, but it also provides job security for the millions of employees that are on assembly lines 40 hours (or more) a week. There are a lot of strengths in manufacturing things locally, but there is also room for foreign entities to bring their products into a market, especially if they can benefit a foreign economy like it does a domestic one.

Musk with Modi in 2015

This is something Tesla argued in its proposal letter to the Indian government a few weeks ago when it requested a reduction in import duties. The increase in Tesla imports would actually assist the country in developing a charging infrastructure, which would supply jobs to the energy sector and provide cleaner transportation options in a country where the climate and environment struggle heavily with smog and emissions. Additionally, Tesla would need a dedicated Service Center in several locations as India is a large country. Not to mention, showrooms would also provide some employment opportunities.

Musk has said that Tesla will not bring a Gigafactory to India without some sort of data that would support healthy demand, something that is obviously needed to justify building a near-billion dollar production plant in India. Doing this through imports is a tremendous idea, but 60% import taxes on sub-$40k vehicles, and 100% duties on $40,000 and up vehicles just will not get this done. Plain and simple. There needs to be some movement on the Indian government’s end.

However, the Indian politicians fail to realize that the economic and environmental advantages to having EVs in the country will be a better move long term. Instead, they fail to budge or even consider reducing import duties of any kind, at least to this point, which appears to discourage Tesla’s requests to enter the market. It would be a shame if no solution can be reached after this problem because I believe that the environmental impacts alone will be something that not only the Indian people will enjoy, but the people of the world will begin to see eventually. As the air begins to clear and the smog disperses, there could be a relative ease on the strong relationship with gas and oil India has. Sustainable energy could make its way to India within the next few years, and Tesla could see the potential for its biggest Gigafactory yet in India.

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Think about the economic benefits a large-scale production facility could provide. Not only would it produce well-paying jobs, but it would also create a lot of them.

There are so many benefits for both Tesla and India if a deal can be worked out. But can it? In my opinion, Tesla may be better off delaying the India operation for another few years, when a fresh administration and new ideas can be thrown around about Tesla entering the market. It seems, for now, there won’t be much of a possibility, and Tesla may be better off expanding its efforts in the UK or elsewhere.

With that being said, I would love to hear how you feel about this issue. Is Tesla wasting its time trying to get things going in India? Should it try again in a few years? Do you feel progress can be made? Why or why not? If not India, then where should Tesla consider a new Gigafactory?

A big thanks to our long-time supporters and new subscribers! Thank you.

I use this newsletter to share my thoughts on what is going on in the Tesla world. If you want to talk to me directly, you can email me or reach me on Twitter. I don’t bite, be sure to reach out!

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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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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.

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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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