EXCLUSIVE: Eric Dane, Rebecca Gayheart Sue Over Nude Tape

Sep. 23 2009, Published 7:45 a.m. ET

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Dr. McSteamy is steamed  up - and he's taking his anger to a courtroom.

Click here to see the court papers

Grey’s Anatomy star Eric Dane and wife Rebecca Gayheart filed suit Wednesday against Gawker Media, LLC and journalist Mark Ebner over a video that shows the couple nude with former beauty queen Kari Ann Peniche.

Click here to read about the LAPD's involvement with the case

The suit alleges that Ebner brought the tape to Gawker, which posted it "on or about" August 17 of this year, violating the plaintiffs’ copyright.

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The defendants were served with a takedown notice the same day the tape was posted but the lawsuit states, "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."

Click here to read about how Dane and Gayheart have been handling the scandal

“Plaintiffs, who were partially and sometimes fully disrobed in the video, recorded it behind locked doors in Peniche’s bedroom,” according to the court papers.

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The suit, filed by top Los Angeles firm Lavely & Singer, says the plaintiff's were damaged in excess of $1 million. It also says Dane and Gayheart registered the tape with the United States Copyright office and want a jury trial.

Click here to see Gayheart visiting emmy gift suites last week

Ebner is accused of obtaining the video and giving it to Gawker. 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.”



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