- Right of Publicity: Protects against commercial use of someone’s voice or likeness without consent
- Invasion of Privacy: Particularly relevant when private recordings are manipulated
- Unfair Competition: When AI-generated content creates market confusion
- Breach of Contract: If original voice agreements contained exclusivity clauses
Burden of Proof: In declaratory judgment actions, the plaintiff (Aero Cosmetics) must demonstrate that a real legal controversy exists and that judicial resolution would serve the public interest. Schmitman could counter-sue with substantive claims requiring different evidentiary standards.
Key Legal Distinction: The complaint emphasizes the AI voice was used for existing customers only, not revenue generation—potentially weakening any commercial misappropriation claims under state right-of-publicity statutes.
What’s Next
No hearing dates have been scheduled in the Western District of Texas case. Schmitman has not yet responded to the complaint, and his counsel information remains unavailable.
The case could proceed along several paths:
