TERA-print has been using TERA-FAB® as its trademark for over 10 years, as part of its ongoing and evolving business. The U.S. Patent & Trademark Office issued a trademark registration for TERA-FAB® to TERA-print in 2021. The registration is incontestable. Any member of the public, including Tesla, can find the registration on the USPTO records by a simple five-minute search.
Despite the public’s and attorneys’ easy access to the USPTO’s records, SpaceX filed its S-1 that refers to TERAFAB approximately 50 times to promote its business. Three days later, TERA-print advised Tesla in writing of TERA-print’s trademark rights and requested that Tesla choose a different mark. The parties thereafter began settlement discussions, which included a settlement offer by Tesla. Although Tesla offered terms that included an unrealistic monetary component, the parties continued discussions—and corresponded as recently as September 2, 2026, when Tesla requested further settlement discussions. Despite TERA-print’s expressed willingness in continuing to explore settlement, Tesla responded by racing to court to file its suit seeking exoneration from its unauthorized use of TERAFAB.
Having been misled by Tesla’s professed interest in settling this matter, TERA-print will now vigorously defend its rights—which Tesla violates by using a trademark that is legally identical to TERA-print’s trademark (which the USPTO registered) for goods and services that are at least closely related to TERA-print’s business. Indeed, TERA-print has a major DoD contract to fabricate new semiconductors, and TERA-print does business with (and partially owns) Mattiq, Inc., an AI company that is enabled by TERA-print’s TERA-FAB® products.