It's not poor app design. It's HTC's fault, right? You NEED the menu button, and because HTC didn't give the phone a dedicated menu button, applications are using the generic built in Android on-screen menu button to compensate.
You don't (or shouldn't) need the menu button at all.
It is poor app design because Google has specifically stated that the legacy menu button is not to be used anymore. The menu key should function like it does in Chrome or any other modern app: HIDE the overflow button in the action bar and open the same overflow menu at the bottom of the screen when the hardware menu button is pressed. That way, any phone can have OR not have a hardware menu button and still function perfectly fine.