Eric Dane, Rebecca Gayheart Sue Over Nude Tape

USMagazine, Wednesday, September 23, 2009, 4:54pm (PDT)

Eric Dane and wife Rebecca Gayheart have filed a lawsuit over the nude tape that was leaked online last month. The video, which was filmed several years ago, showed the "Grey's Anatomy" star, 36, Gayheart, 38, and former Miss Teen USA Kari Ann Peniche socializing in a Jacuzzi tub and in bed while apparently intoxicated.

The couple is suing Gawker Media for copyright infringement and is seeking $1 million in damages and an injunction preventing any further dissemination of the video online. In a Twitter response, Gawker's publisher Nick Denton doesn't take blame for posting the video on Defamer.com:

"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!'"

When the tape first surfaced online, Singer called it a "private, consensual moment involving a married couple ... which was never intended to be seen by the public."

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