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Ex-Cradle of Filth Members Sue Dani Filth and Management


Five former Cradle of Filth members – including ex-guitarist Marek “Ashok” Šmerda and ex-keyboardist Zoe Marie Federoff – are suing frontman Dani Filth, the band’s management and multiple other parties over copyright infringement, defamation and related transgressions.

What Is the Lawsuit About?

On Nov. 26 – following a Reddit post created earlier that day which has since been deleted – The PRP reported on the situation. They specified that the lawsuit follows the drama that emerged this past summer involving Šmerda and Federoff (who are married) parting ways with Cradle of Filth as tensions escalated between the couple, Dani Filth, and Cradle of Filth’s management over contractual issues. (More on that below.)

The PRP then reported that “several former members of Cradle Of Filth have now joined forces to file suit against the band’s vocalist Dani Filth, the band’s associated companies, and The Oracle Management.”

The PRP continued:

This suit was first filed in Arizona on September 30, 2025, but was most recently amended on November 20. The plaintiffs include not only Zoe Federoff Smerda & Marek Smerda, but also several other former members of Cradle Of Filth. Those individuals include Paul Allender, who played guitar for the band across two stints, including a first run in 1992-1995 and another from 1999-2014.

Lindsay Matheson (aka Lindsay Schoolcraft) who played keyboards and vocals for the group from 2013-2020 is also listed as a plaintiff in the suit, as is Richard Shaw, who played guitar for the band from 2014 to 2022. Sasha Baxter (aka Sasha Massacre), a woman who starred in a pair of music videos from the band, is also listed as a plaintiff.

The PRP mentioned that in addition to Dani Filth and The Oracle Management, “Cradle Of Filth Touring Limited and Cradle Of Filth LLP are named as defendants.” The PRP also stated that the plaintiffs’ “allegations” include “copyright infringement, right of publicity/misappropriation of likeness, defamation, unjust enrichment, false designation of origin and conversion against those defendants.”

The plaintiffs aside from Baxter contend that they “never signed or executed any agreement regarding the usage of their names, likeness or images on the band’s merchandise, and thus, were not compensated fairly for their likeness appearing on Cradle Of Filth merch.”

Simiarly, Matheson, Šmerda and Federoff say they’ve “never signed any agreement regarding their performances on recorded works from the band’s catalog that they participated in”; plus, Shaw, Matheson and Šmerda “claim they were largely not compensated properly for their respective recordings with the band, which spanned from 2017 to 2023” (via The PRP).

Additonally, Matheson asserts that the band used sigils she created without proper authorization.

Baxter claims she “was featured in two of the band’s music videos and has not been compensated for her work in them, nor for the subsequent merchandise she alleges they sold featuring her likeness without her authorization.”

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The accusers state they weren’t allowed access to certain licensing, publishing and accounting agreements. They also claim there was “alleged destruction of a microphone belonging to Federoff” and that her in-ear monitors were never returned (per The PRP).

The plaintiffs “are seeking various orders to hold the defendants liable for alleged misappropriation of likeness; thus blocking further sale of any merchandise bearing their likeness or associated imagery while also forcing any remaining stock to be destroyed.”

Additonally, they “seek to find Dani Filth and co. liable for conversion regarding destroyed/missing audio equipment while unjust enrichment claims have been made in relation to sound recordings, merchandise and music videos.”

The PRP detailed:

The plaintiffs are also seeking compensatory damages for reputational harm, emotional distress, loss of income, business opportunities, and any other consequential damages. They are further seeking punitive damages sufficient enough to deter the defendants from pursuing any of the alleged offending behavior along with covering their attorney fees. A jury trial is being requested in this matter.

You can view the full complaint – whose last amendment was filed on Nov. 20, 2025 – here.

As of this writing, none of the defendants have made a statement about the lawsuit.

READ MORE: Cradle of Filth Share Photos of Huge Rapper Wearing Their Merch

Past Drama Involving Federoff, Šmerda, Filth + The Oracle Management

As Loudwire reported on Aug. 25, drama between these parties began when Federoff “exited the band mid-tour,” clarifying that she and Šmerda were “already planning to leave the band later this year” but that “certain events” sped up her departure.

Dani Filth called Federoff’s exit “a strange turn of events,” wishing her “all the best for the future.” You can read his full statement here.

The next day, Šmerda issued a statement about his planned departure. As Loudwire wrote at that time, the couple later made “a joint statement slamming Cradle of Filth over contractual issues within the band,” accusing an unnamed individual and management of creating a ‘threatening and abusive’ atmosphere among other issues.

Loudwire continued:

[The couple] warn future members about the type of contract they’ll have to sign claiming that one they were offered recently was called ‘psychopathic’ by the musicians’ lawyer. They levy other accusations at Dani Filth (referring to him as ‘the frontman’ but never directly by name), as well as at the band’s management.

Around this time, Cradle of Filth announced[d] the firing of guitarist Marek ‘Ashok’ Smerda from the band effective immediately. In his post, Dani Filth stated that Cradle of Filth “are all in a state of shock over proceedings and will share [their] side of these unfortunate events in due course. . . . The rest of the band are cool even if taken aback; accusations toward management who work very closely with me and the band are completely unjust and unfounded.”

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On Aug. 29, Loudwire reported on Šmerda’s first public statement post-firing where he expressed appreciation for support received before specifying why he waited so long to speak up.

“[W]e were promised changes and better days year after year; we kept hoping for them to be real,” he mentioned continuing:

I kept hoping because of you all. I kept going for you all. Delivering you music that brought you real joy was incredible. I wish the band had been better to us because I wanted to always be better to you. I also want to thank especially my wife for her courage in detailing so much wrong for so long. She now tells me not to dare put down guitar – like I ever would! Haha! I have more music to make; more to do with my life and my art; she is right. I cannot put down guitar; I am not done creating; I am done being used for my creation but creativity continues. Something new begins.

Then on Aug. 31, Dani Filth shared his “side of the story” on social media beginning: “I apologize for my slight tardiness in this statement; it was important to approach this in a level-headed manner after reflection. The timing was also difficult as we are currently touring South America with arduous travel days long flights and shows.”

Per Loudwire he subsequently clarified:

No contract was ever expected to be signed as is but was an initial framework to build from… [O]ne main reason we are having this situation is due to miscommunication regarding contract nature… No one in band is prohibited from working with other groups or substituting income… Dez and Anahstasia [Fafara]of The Oracle Management have been wonderful caring understanding relinquishing commissions making tours work working closely with us delivering amazing opportunities thinking outside proverbial box… I am discussing internally with rest of band now drawing up contract best serving all business interests. Yes unfortunately a band is a business; when we witness someone stirring trouble drinking heavily not writing threatening sue over image use something obviously needed doing. Zoe and Ashok had already tendered resignations despite me agreeing pay-rise amid additional financial protection so I was in no hurry wasting money lawyer drafting contract destined pulled apart anyway.”

Dani also dove into Šmerda and Federoff’s final days in Cradle of Filth: “On Zoe’s departure three days into twenty-six date tour having already promised me management they’d see out tour professionally Zoe Ashok proceeded drink argue first three days.”

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Dani claimed accusations of “fat shaming” were untrue:

This has never been undertaken; Dez never said anything about persons being fat or too heavy; all he said Anabelle (our previous keyboardist) was “please watch your health you have touring videos coming up” which I found funny at time! Of course any manager would express sentiments… I have been pretty much an alcoholic by definition at one or two stages career which is why I can observe erratic patterns behavior; it is also why I have been teetotal from booze nigh on three years now.

On Sept. 1, Šmerda responded to Filth’s statement addressing him using mother’s health tragedy miscarriage garner sympathy; blaming him everything playing out public after claiming singer chose ignore issues raised about contractual management issues he others brought up.

Finally via Loudwire Šmerda concluded[d] does not regret speaking up adds he Zoe’s ultimate goal better treatment those continue serve band.

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Sarah Parker
Sarah Parker is a research analyst and content contributor with a strong interest in business strategy, organizational behavior, and social development. With a background in sociology and public policy, she focuses on exploring the intersection between research and real-world application. Sarah regularly contributes articles that bridge academic insights and practical relevance, aiming to foster critical thinking and innovation across sectors.