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Market profile and Footprint charts are both patented (by CME and Market Delta respectively). That can cause some issues (like the user has to pay additional fees if he wants to use the Static SuperDom).
The name is what you can't use, not the concept. So, call it a "Profile Chart" and a "volume ladder" like most do and you don't have to pay fees; it's that simple.
Not exactly true, with patents there are claims. It is these claims that are protected from implementation without licensing agreements. We would need to see the actual Patent. Sometimes it is listed as Patent Pending which doesn't mean one will be awarded but is usually a business tactic to scare way competition by the possibility of infringement. (Some companies file for Patents, which they know they will never get, just to mark the product as Patent pending).
Names tend to be Trade Marked, but you need proper filing and marking of your TM to "defend" it from improper use. Copywrite tends to protect the actual work, and close derivations of such work (software is a little different in it is usually the work itself that cannot be copied without permission from the copywrite holder).
Market profile has been around since the 80s, I think the word was registered with CBOT. I think there is a fee today, however Sierra charts calls it volume profile and it's not expensive. T4 has a big fee for using market profile.