Marcia Cross, one of the stars of the hit show Desperate housewives, has been battling to keep naked photos of herself from being published.

Two hundred snaps were reportedly discovered by a catering company hired to remove garbage from Cross’ home in Los Angeles. It’s the firm’s owner, David Hans Schmidt, who plans to sell the pictures.

Schmidt tells the New York Daily News, “There are some pictures of her showering outside. She looks absolutely gorgeous. And yes, the carpet does match the curtains.”

However, 44-year-old Cross’ legal team claim the photos were thrown away by mistake and insist they still belong to her and husband Tom Mahoney. She is demanding their return.

Schmidt,confident he has the law behind him, and hints “The pictures were not stolen. When you throw something away, you forfeit that property. We recognize the copyright issue, but US copyright law stops at the border.” Does this mean that he will try to sell the sexy photographs overseas?

Schmidt, after finding Cross’ tax return in her trash knows how wealthy she is so he’s offered to let her buy the photos back. Schmidt adds, “I’m not looking to mortify Ms. Cross. I just want the most money for my client. I know how much she made, but out of respect for Ms. Cross, I won’t discuss it.”

Since when do people have to buy their own property back when it’s been stolen? Fight this Marcia!