Grey’s Anatomy star Eric Dane and his wife Rebecca Gayheart are suing the parent company of a blog that posted their nude tape last month.

The couple, who appeared naked in a 12-minute home video with former teen beauty queen and “Celebrity Rehab” reject 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. “In brazen disregard for Plaintiffs’ legal rights and personal privacy Gawker not only refused to comply…but went on to maliciously distribute an uncensored copy of the Video.” 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.

The tape, according to the suit, “as a direct consequence of Defendants’ despicable misconduct, is now available on countless other adult sites on the Internet.”