Andy Walsh2x Exited Founder, Startup Strategist & Podcast Host

What Competitors Can't Legally Say About You

25 Jun 2026 · 1 min

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Competitors who claim their product works exactly like yours or is guaranteed to perform the same way can be sued for false advertising. These claims are empirically testable and legally actionable if they're wrong.

Chapters

A lot of times when someone's trying to competitively advertise, they may make false claims. And that's a total, a separate cause of action, false advertising, that you can also pursue if it's there. I've worked with a number of clients where they'll say it functions exactly like the original brand or guaranteed to work the same as. And sometimes empirically that's false and that's actionable. You can't just make any statement out there. So that's another avenue. For protection that certainly could be explored if someone is making those types of statements.