Cradle of Filth Lawsuit Against Dani Filth: Claims and Damages Sought

Six former members of Cradle of Filth filed a lawsuit against frontman Dani Filth in late 2025, accusing him, the band’s business entities, and its management company of selling merchandise with the plaintiffs’ likenesses without permission, withholding royalties, infringing copyright, defaming a former bandmate, and unjust enrichment. The Cradle of Filth lawsuit against Dani Filth was filed in the U.S. District Court for the District of Arizona and is docketed as Smerda v. Oracle Management Incorporated, No. 4:25-cv-00542-RM, before Judge Rosemary Marquez.¹

Who Is Suing and Who Is Being Sued

The plaintiffs are keyboardist and vocalist Zoë Marie Federoff; guitarist Marek “Ashok” Šmerda, who is Federoff’s husband; guitarist Paul Allender, who played with the band from 1992 to 1995 and again from 1999 to 2014; guitarist Richard Shaw, who was in the band from 2014 to 2022; keyboardist and vocalist Lindsay Matheson, known professionally as Lindsay Schoolcraft, who was in the band from 2013 to 2020; and Sasha Baxter, a professional model who appeared in two of the band’s music videos.²

The defendants are Dani Filth individually; Cradle of Filth LLP, a UK-registered limited liability partnership incorporated in July 2023; Cradle of Filth Touring Ltd., which holds significant control over the LLP; and The Oracle Management, led by Bradley “Dez” Fafara and Anahstasia Fafara.³

What the Plaintiffs Are Claiming

Selling Merchandise With Their Likenesses

The central allegation is that the band and its management kept selling merchandise, vinyl, posters, and VIP meet-and-greet materials featuring the plaintiffs’ images after they left, without permission or payment. Several plaintiffs say they never signed any agreement authorizing use of their names, images, or recorded contributions.⁴ The complaint references a document called the “Night Shift Master Licensing Agreement,” under which the band allegedly licensed likeness-based merchandise to outside vendors. The plaintiffs say they asked for a copy and were never given one.³

After Federoff and Šmerda left, the complaint alleges, the band tried to get them to sign a post-departure contract handing over exclusive control of their names, likenesses, and meet-and-greet revenue. Both refused.⁴

Sasha Baxter alleges she was never paid for her appearances in the music videos for “Malignant Perfection” and “To Live Deliciously,” and that the band later sold merchandise featuring her likeness from those shoots without her consent.⁴

Unpaid Royalties and Recording Compensation

The plaintiffs say they were not properly paid royalties for live performances and recorded work. The complaint identifies a period from 2017 to 2023 during which Shaw, Matheson, and Šmerda say they were not compensated for their recording contributions.⁵ Federoff and Šmerda also say they were not paid for their final performances in August 2025.²

Copyright and Original Artwork

Lindsay Matheson alleges that original artwork she created in 2014, referred to as the “Sigils,” was used on band merchandise without her authorization or a license.⁶ The complaint also alleges broader unauthorized commercial use of the plaintiffs’ recorded contributions.

Refusal to Share Financial Records

The complaint alleges the band refused to share accounting records, licensing agreements, and information about a publishing deal with Peer Music. Several plaintiffs also say they were denied an accounting of proceeds from paid fan meet-and-greets.⁷

Defamation

Federoff’s complaint includes a defamation claim alleging that Dani Filth publicly stated she consumed alcohol while pregnant, implying that “her tragic miscarriage was caused by alcohol consumption.”⁸ In an August 2025 public statement, Filth had asked “if she was pregnant, why she was drinking at all?” and said he witnessed heavy drinking on tour. Šmerda countered that Federoff “never drank while pregnant” and attributed the miscarriage to touring stress, including “lack of sleep, irregular schedule, constant pressure of management threatening her job.”⁹

Damaged and Missing Equipment

The complaint alleges that Federoff’s microphone was destroyed and her in-ear monitors were never returned after her departure.¹⁰

What Triggered the Suit

The immediate catalyst was the mid-tour departure of Federoff and Šmerda in August 2025 during a South American run. Federoff quit, citing “unprofessional behaviour,” low pay, and a “threatening and abusive” work environment.¹¹ She publicly shared excerpts of what she described as a session-musician contract that paid £200 per day for shows and recordings, £150 for travel days, and a flat £1,000 annual fee for promotional use of a performer’s image. Federoff said her lawyer called it “the most psychopathic contract a session musician could ever be handed,” and she alleged it carried a penalty clause of up to £1 million if a musician terminated or breached it.¹² Federoff said she never signed the document.

Šmerda initially planned to finish the tour but was fired by Filth on August 26, 2025, with immediate effect. The band’s social media post attributed his removal to attempts to “illegally defame and derail the band.”¹¹ On August 29, Filth posted a statement saying the shared contract was never intended to be signed as-is but was “the initial framework to build from,” and he attributed the dispute to “miscommunication regarding the nature of the contract.”¹³

Earlier departures widened the plaintiff group. Schoolcraft, whose 2020 exit had been announced as a “mutual” split, later described the band’s work environment as “absolutely unethical” and said she had not sued sooner because of the financial and emotional cost of doing so.¹⁴

What the Plaintiffs Want

The plaintiffs are asking for a jury trial. They want a court order halting the sale of merchandise bearing their likenesses and requiring the destruction of remaining stock. They seek compensatory damages for financial losses, reputational harm, and emotional distress, along with punitive damages. They also want reimbursement for damaged and missing equipment and recovery of legal fees.⁵¹⁵

Where the Case Stands

The complaint was originally filed on September 29, 2025, under the Lanham Act, and was amended on November 20, 2025, to add Sasha Baxter as a plaintiff and expand the allegations. According to the court docket, a Clerk’s Judgment was entered on April 27, 2026.¹ As of late November 2025, none of the defendants had publicly commented on the lawsuit itself, and no reporting has surfaced indicating a settlement or further substantive rulings beyond the clerk’s entry.⁵

1
CourtListener. Smerda v. Oracle Management Incorporated
2
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