from www.tmz.com – Eric Dane and Rebecca Gayheart are looking to settle the score with the website that published their naked non-sex threesome tape.

Dane and Gayheart filed a lawsuit today in L.A. County Superior Court, claiming Gawker.com had not only 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.

Dane and Gayheart want more than $1 million in damages. Their lawyer — legal pit bull Marty Singer — is also asking for an injunction to pull the plug on the video.

UPDATE: 5:30 PM ET: Gawker’s publisher, Nick Denton, just twittered his response to the lawsuit: “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!'”