You cannot use NHL players name without their permission as it would be violating their publicity rights. Further, the USPTO will require you to obtain written permission to use someone else's name as a trademark.

Publicity and privacy rights kick in whenever someone uses the name, image or likeness of another (especially a famous person) to help sell or promote a good or service. So you have this very real concern given your scenario.

I will offer some general remarks on some of the legal considerations with apps and encourage you to get some proper advice before you pull the trigger.

You always have trademark protection that identifies your app in the market place. There are a lot of games for example but only one Angry Birds. I will offer some general remarks about TM protection below.

The written code, graphics and other creative expression will be protected under copyright, but if you are not the one actually creating all of that you need to have the right written agreement (IC/work-for-hire/NDA/NNN) prepared as between you and the people doing that work to ensure that all IP is conveyed to you.

Any creative expression will be covered by copyright law automatically. Then you register the work with the US Copyright Office so to perfect your bundle of federal rights like the right to access the courts, the right to ask for statutory damages (sometimes the only damages worth bringing the case over), the right to attorney fees, etc.

I will also add that you should be getting some specific actionable advice on your platform. You are going to have to deal with a number of legal considerations as you move forward anyway. For example, you have the business entity structure, clearing and registering your trademark (see below), copyright/DMCA considerations, written terms and conditions of use, privacy policy and Terms of Service or EULA drafting among others.

Before you invest in any trademark make sure you get some legal guidance upfront. It is of course best practice to clear it before you start using any trademark and starting with a strong one is your best strategy. Know as well that merely registering your business name with a state or county agency or acquiring a domain does not convey any right to use that name in commerce as a source identifier or trademark. For example, I can presumably register my new tech start up "Boogle" with the CT secretary of state because there is no other business already doing business there under that name, but this does not mean that I would not be infringing on the Google trademark, which I would be. The onus is on you to ensure the name you choose is not a problem.

Your trademark will be one of if not the most important and valuable business assets you will have and you will ultimately spend more money in support if it than you will anywhere else (advertising, marketing, PR, branding, packaging, etc.). So you owe it to your business and yourself to make sure you handle this properly upfront and the first order of business always starts with a proper and comprehensive clearance.

Whenever you endeavor into investing in a trademark it is very important that you conduct the proper clearance due diligence on all the text names upfront and before you start spending any money in support of it or submit an application to the USPTO. In the US, this means searching under both federal (USPTO) as well as common law because trademark rights stem from use in this country NOT registration. This means that acquiring a federal registration does not necessarily mean that you are not infringing on another's intellectual property.

I suggest that you consult with a lawyer in private and discuss your objectives in more detail. You can start by calling around to several for a free consultation, get some insights then pick the best fit to work with and know you are free to work with counsel located anywhere as you have many options available not just those that provide services in your home state.

Best regards,
Frank
Natoli-Lapin, LLC

Those players have the right to use their names and likenesses for commercial purposes (termed the right of publicity) AND to determine who else can use their names commercially. Your app is clearly a commercial use. You would be violating the players' right to publicity if you release the app.