On Friday, wide receiver Pierre Garcon of Washington filed a class action lawsuit on behalf of NFL players against daily fantasy site Fanduel.com in a Maryland federal court. Garcon is suing for misuse of players’ names and likenesses, which he claims exploits them without proper licenses or permissions. Garcon’s name appears frequently in Fanduel commercials, and the lawsuits notes that a 28-minute infomercial for the site actually uses his name 53 times.

“FanDuel has taken the liberty to engage in these actions without my consent and without proper licensing rights,” Garcon said in a statement. “As a result of these activities, FanDuel daily fantasy contests have shown increasing revenues leading to large profits.”

Garcon’s suit claims that he and other players should be compensated for the use of their names, which he feels is what drives revenues up for the company. This comes after Fanduel spent more than $16 million on advertising during the first week of October, including the use of the aforementioned infomercial.

The lawsuit is against only Fanduel, as its main competitor Draftkings has a marketing relationship with the NFL Players Association, which allows for the use of players in its advertising, such as Rob Gronkowski. Draftkings does not pay for the use of statistics, as an U.S. Court of Appeals ruled in 1997 that the federal copyright statute does not allow for the ownership of data, in the case of NBA vs. Motorola and Stats Inc.

This is the latest controversy for the daily fantasy industry, coming on the heels of a scandal which had many questioning whether employees of Draftkings and Fanduel were using inside information to play and win on each other’s sites, calling into question the integrity of the games, and attracting unwanted attention from regulators of several states.

“We believe this suit is without merit. There is established law that fantasy operators may use player names and statistics for fantasy contests,” FanDuel spokeswoman Justine Sacco said in a statement. “FanDuel looks forward to continuing to operate our contests which sports fans everywhere have come to love.”

FanDuel has a marketing partnership with the Redskins, who have a “FanDuel lounge” at FedEx Field in Landover, Maryland. Unlike other U.S. sports leagues, the NFL does not have an official daily fantasy partner.

One has to wonder if Draftkings was behind the lawsuit, in an attempt to have an advantage over its top competition, but is likely to happen as a result of the lawsuit, is that Fanduel will reach a similar agreement with the NFL Players Association so they can continue to use their likenesses in advertising. This was more than likely just a case of everyone wanting their fair cut of what has been an exploding industry over the last year.

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