Grey’s Anatomy actor Eric Dane and his reportedly pregnant wife Rebecca Gayheart have filed suit agaisnt the parent company of a blog that posted their so-called “McSteamy Nude Video” online last month.

The couple is suing Gawker Media for more than $1 million, claiming copyright infringement after its popular Defamer blog published footage of the impaired pair romping nude with drug-addicted former Miss Teen USA Kari Ann Peniche in a 12-minute home video.

The lawsuit Gawker was warned that posting the video violated the couple’s legal and privacy rights, but that the blog “went on to maliciously distribute an uncensored copy” of the tape. Defamer posted edited footage of the trio in which Gayheart and Peniche’s breasts were exposed.

“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!’” Nick Denton, publisher of Gawker, Tweeted in response to the suit.