Five Former Cradle of Filth Members Are Suing Dani Filth + Band's 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 Exactly Is Happening With the Lawsuit?

On Nov. 26 – and following a Reddit post created earlier that day that’s since been deleted –The PRP broke the news about the situation. In their write-up, they specified that the lawsuit follows the drama that emerged this past summer involving Šmerda and Federoff (who’re married) parting ways with Cradle of Filth as tensions escalated between the couple, Dani Filth, and Cradle of Filth’s management over contractual issues and the like. (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 continue:

That suit was first filed Arizona on September 30th, 2025, but was most recently amended on November 20th. The plaintiffs include not only Zoe Federoff Smerda & Marek Smerda, but also several other former members of Cradle Of Filth. Those other individuals include Paul Allender, who handled 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 handled 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.

As for who’s being sued, The PRP mentioned that in addition to 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.”

In particular, The PRP noted, all 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.”

Similarly, 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).

There’s also Matheson’s assertion that the band used sigils she created without proper authorization.

As for Baxter, The PRP added, she “was featured in two of the band’s music videos and claims to have not been compensated for her work in them, nor the subsequent merch she alleges they sold featuring her likeness, without her authorization.”

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

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

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

Finally, The PRP detailed:

They 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 and the cost of their attorney fees. A jury trial is being requested in the 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 Cradle of Filth Drama Involving Federoff, Šmerda, Filth + The Oracle Management

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

In response, Dani Filth called Federoff’s exit “a strange turn of events,” and he wished 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, and as Loudwire wrote at the 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 the 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 the band's management.”

Around the same time, Cradle of Filth “announce[d] the firing of guitarist Marek ‘Ashok’ Smerda from the band, effective immediately.” In the post, Dani Filth also 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, and accusations toward management, who work very closely with me and the band are completely unjust and unfounded.”

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

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

I kept hoping because of you all. I kept going for you all. To deliver you music that brought you real joy was so incredible. I wish 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 of what has been wrong for long time. She now is telling 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, and 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” to social media, beginning: “I apologise for the slight tardiness of this statement; it was important to approach this in a level-headed manner after reflection. The timing was also difficult, as the band is currently touring South America with arduous travel days, long flights, and shows.”

Per Loudwire, he subsequently clarified:

There is not a contract that was ever expected to be signed as is, but was the initial framework to build from. . . . [O]ne of the main reasons we are having this situation is because of miscommunication regarding the nature of the contract. . . . No one in the band is prohibited from working with other groups and substituting their income. . . . Dez and Anahstasia [Fafara] of The Oracle Management have been nothing short of wonderful. Caring and understanding, relinquishing commissions to make tours work and working closely with the band to deliver us some amazing opportunities, thinking above and outside the proverbial box. . . . I am talking internally with the rest of the band now to draw up a contract that will best serve all of them and the business. And yes, unfortunately a band is a business, and when we witness a person stirring trouble, drinking heavily, not writing, threatening to sue the band over use of their image, then something obviously needed to be done. Zoe and Ashok had already tendered their resignations despite me agreeing to a pay-rise amid additional financial protection, so I was in absolutely no hurry to waste money with our lawyer drafting up a contract that was already destined to be pulled apart anyway. Filth also dove into Šmerda and Federoff’s final days in Cradle of Filth: “On Zoe’s departure three days into the twenty-six date tour and having already promised me and management that they would see out the tour in a professional manner, Zoe and Ashok proceeded to drink and argue between themselves for the first three days.

He also claimed that accusations of “fat shaming” were untrue:

Never has this been undertaken. Dez never said anything about persons being fat or being too heavy. All he said to Anabelle (our previous keyboardist) is “please watch your health you have touring and videos coming up”, to which she sent a picture of herself eating a selection of buns (which I found funny at the time!). Of course any manager would express these sentiments. . . . I, as many of my colleagues in the music industry, have been pretty much an alcoholic by definition at one or two stages in my career and this is why I can observe her erratic patterns of behaviour and it is also why I have been teetotal from the booze for nigh on three year now.

On Sept. 1, Šmerda’s responded to Filth’s statement. In it, and as Loudwire wrote, Šmerda addressed Filth “using his mother’s ailing health and the tragedy of [Šmerda] and Zoe’s miscarriage to garner sympathy. [Šmerda] also lays the blame on Filth for everything now playing out in public after he claims the singer chose to ignore issues raised about the contractual and management issues that he and others were bringing up.”

Finally, and via Loudwire, Šmerda “conclude[d] that he does not regret speaking up and adds that he and Zoe's ultimate goal was for better treatment of those who continue to serve in the band.”