Underdog Sports, a sports prediction market and fantasy sports company, received a cease and desist letter regarding a promotion making fun of Shai Gilgeous-Alexander’s efforts to draw fouls.
Underdog created a version of the board game Operation in which the buzzer went off for a foul anytime Gilgeous-Alexander was touched. The game was called Unethical Hoops, and the company had a contest to give away 100 copies of the game during Game 3 of the Western Conference finals between Gilgeous-Alexander’s Oklahoma City Thunder and the San Antonio Spurs.
In a letter dated May 22 and obtained by The Athletic, Eric Fishman of law firm ArentFox Schiff LLP, representing Gilgeous-Alexander, asked Underdog to “permanently cease and desist from any and all use of Mr. Gilgeous-Alexander’s NIL in any and all media, including but not limited to your website (including the Unethical Hoops Website), apps, social media accounts, digital marketing and advertisements, promotional emails, push notifications, affiliate or influencer placements, and any physical goods including but not limited to the board game advertised on the Unethical Hoops Website.”
The letter also asks that all board games be destroyed and that Underdog not use Gilgeous-Alexander’s name, image or likeness without his permission. Underdog declined to comment on the letter.
Phoenix Suns forward Dillon Brooks played the game in the ads that were on the Unethical Hoops website and social media. As of Wednesday evening, the website was still live.
Gilgeous-Alexander’s prowess getting to the free throw line has been a topic of discussion as the Thunder have worked to defend their NBA championship. He’s been accused of foul baiting and flopping, and some have questioned whether his style of play is “ethical.” In the last four seasons, including the playoffs, he has attempted 391 more free throws than the next-closest players.
The ethical discussion picked up after San Antonio star Victor Wembanyama started using the term earlier this season.
That’s still a topic during the playoffs. SGA has made 120 free throws this postseason, compared to 114 field goals. Media members have even tried to count how many times Gilgeous-Alexander falls in an attempt to draw fouls. The Underdog contest during Game 3 asked fans to quote a post on X every time Gilgeous-Alexander fell for a chance to win the Unethical Hoops game.
Gilgeous-Alexander was asked in San Antonio during the Western Conference finals about fans calling him a “flopper.”
“It does nothing,” Gilgeous-Alexander said. “Doesn’t fuel me, doesn’t discourage me. It’s part of the game. I’ve been dealing with it a long time. I don’t really hear it. I’m focused on what’s going on on the court.”
