I'm not sure how long you've been following this page, or if you know the story - but basically Lake Monster was the name of the conceptual idea that Herschend sent out to season pass holders about a potential revamp via RMC Topper Track to the Predator. The name meant nothing as it was merely theoretical but it made it easier for people to reference said idea with the theoretical name than have to say "that herschend idea from years ago where they thought it would be cool to revamp the predator", see what I mean? There are no trademarks for this name under Darien Lake because even if the plan went through that likely would not have been the name they chose for the new attraction. I hope that clears that up.
RMC has actually done track work on the predator recently - though it was just typical wooden coaster maintenance - they still have made some improvements to the ride itself. If they were to ever end up redoing the ride they could easily work around that path issue by utilizing their slightly longer off season (October 2nd 2017 to probably May 5th 2018) to do all the construction that wasn't feesable or safe with pedestrian traffic while the park was still open. They could also reroute the path to get to RoS or just close the ride all together but since this is just a pipe dream I wouldn't think too far into it. Of course if it ever does come to pass, the park will know what to do much more than an enthusiast like me does and they'll have it all set for whenever the new attraction would theoretically open.
I understand the survey part but the part I don't understand is how they could have named the ride that even though the trademark exist already