Eric Dane and Rebecca Gayheart are suing

Eric Dane and Rebecca Gayheart are suing for publishing their no sex sex-tape last month. The suit, filed Wednesday, claims Gawker “unlawfully posted almost 4 minutes of the private video that was shot behind closed doors, but “maliciously” distributed the video and included nude shots of the fabulous threesome — the third wheel was former beauty queen Kari Ann Peniche.”

They’re asking for $1 million in damages. Marty Singer, their lawyer, asked for an injunction to have the video pulled from Gawker.

Gawker overlord Nick Denton responded over Twitter, “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!'” Then they linked to the video again. Obviously, Gawker is scared.

Since everyone else is doing it, I’m also suing. Someone wrote on the bathroom stall to call me if they wanted a good time. That’s a lie. It should say that they should call me if they want a “great” time.

In totally unrelated news, Grey’s Anatomy premieres tonight.

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