LANDOVER, MD – SEPTEMBER 20: Wide receiver Pierre Garcon #88 of the Washington Redskins celebrates a second quarter touchdown during a game against the St. Louis Rams at FedExField on September 20, 2015 in Landover, Maryland. (Photo by Matt Hazlett/Getty Images)

A new party is filing a lawsuit against FanDuel, and it’s not one you’d necessarily expect – Washington Redskins wide receiver Pierre Garcon, who is filing a class action suit on behalf of NFL players because of FanDuel using his likeness in commercials.

Here’s the legalese from Mike Garafolo of Fox, in which Garcon accuses FanDuel of using the names and likenesses of NFL players in commercials without authorization.

https://twitter.com/MikeGarafolo/status/660184941343449088/photo/1

And a screencap from one of those commercials, in which Garcon is featured in a lineup and his name is spotlighted.

Why is the suit only against FanDuel and not Draft Kings? Well, according to Garafolo, it’s because the NFLPA has a licensing agreement with Draft Kings – and not with FanDuel.

Garcon also released a statement about the lawsuit.

“I am bringing this lawsuit against FanDuel for using my name, image, and likeness in both daily fantasy contests and through advertising on TV ads and infomercials. FanDuel has taken the liberty to engaged in these actions without my consent and without proper licensing rights. As a result of these activities, FanDuel daily fantasy contests have shown increasing revenues leading to large profits. Therefore, on behalf of myself as well as any other players who are being treated unjustly, I chose to file a complaint.

“I have been advised by my attorneys not to speak any further on the topic while the case is pending. Any other questions regarding this matter can be addressed to my agent, Brad Cicala.”

FanDuel responded with a statement of their own, calling the suit “without merit”.

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

Interestingly enough, the Legal Sports Report notes that Garcon was promoting FanDuel leagues on his social media channels last year.

What a mess. If the daily fantasy industry manages to survive all of the hits it’s taking this year, I’ll be stunned. We’re getting to the point where the industry seems bound to collapse upon itself sooner rather than later because of all of this outside pressure.

About Joe Lucia

I hate your favorite team. I also sort of hate most of my favorite teams.