Independent inventors will soon be able to file inexpensive provisional patent applications. The stronger a service or trademark is, the easier it is for its owner to stop others from using similar marks in ways that do not directly compete. Trade secrets are generally governed by federal law. States may forbid limited reverse engineering of narrow classes of products. Firms can always obtain injunctions against intentionally disparaging statements.
Firms can usually obtain injunctions against competitors' unintentionally false advertising.
Whether the FTC will take action against a firm's false advertising may well turn, at least in part, on the number and size of the firm's competitors. Tort law imposes a general duty to avoid causing others foreseeable economic harm.