According to E! News who obtained legal documents, the actors are accused of allegedly stealing the idea behind the series from Everette Silas and Sherri Littleton.
Everette and Sherri claim they created the show, originally called Off Season, in 2007 and went to Mark and Dwayne with their masterpiece.
Mark Wahlberg and The Rock are being sued for their hit show Ballers
However, after being refused a "created by" credit, the process fell apart in 2009.
Everette and Sherri have noted 27 similarities between their show and Ballers, which is produced by Mark and stars The Rock.
The documents state that "Ballers borrows heavily from the Materials and that certain aesthetic elements, including, without limitation, physical appearance of the characters and their vehicles, and plots, scenes, as well as story lines are virtually identical" to that of Off Season.
Dwayne plays protagonist Spencer Strasmore, a retired NFL player
The pair argued that the basis of the plot is the same. Ballers and Off Season both focus around an African American football player who becomes a businessman and mentors other athletes in Miami. The protagonist leads a lavish lifestyle, surrounded by "expensive boats, exotic cars, heavy drug use, and pretty women."
Dwayne plays protagonist Spencer Strasmore, a retired NFL player turned financial manager. At the start of season one, Spencer must learn to cope with the realities of life after football.
Last year the HBO show, which first aired in June 2015, was confirmed for a second season.