Eric Dane and Rebecca Gayheart
09/23/2009 AT 07:25 PM EDT
Eric Dane and wife Rebecca Gayheart are suing the pants off the parent company of a blog that posted their nude tape
The couple, who appeared in the 12-minute home video with former teen beauty queen Kari Ann Peniche, 25, are suing Gawker Media for copyright infringement for more than $1 million.
Nick Denton, publisher of Gawker, responded in a Twitter message: "To quote the great Marty Singer – Eric Dane's lawyer – if you don't want a sex tape on the internet, 'don't make one!'"
In the lawsuit, Singer argues that Gawker was warned that posting the video on its Defamer.com violated the couple's legal and privacy rights, but that the blog "went on to maliciously distribute an uncensored copy" of the tape.
Dane, 36, and Gayheart, 38, "were partially and sometimes fully disrobed in the video, recorded it behind locked doors in Peniche's bedroom," the lawsuit states.
Singer, as well as a publicist for Dane, weren't immediately available for comment.