According to James Gunn
Some of the Skrulls are tied up in the Fantastic Four license, just like Agents of SHIELD can never use the word "mutant" because that's included in the X-Men license, even though Scorch was most likely a mutant.Marvel only partially owns Skrulls, and also for the record, we don't own the Badoon either. So people were asking why we have the Sakaarans in the film, we don't own the Badoon.