ubuntu icon is bugged?

[Carey O'Shea]

This new Ubuntu icon seems to break custom icon themes. For example, I
used to have this desktop:
http://users.on.net/~lncoshea/carey/ubuntu4.jpg Now, with the new Ubuntu
icon, there is no longer any start menu and it is replaced by the Ubuntu
icon and it defeats the main purpose of my custom icon theme (the start
menu).

It's great that it's replaced the default foot, but I don't think it is
intended to take place of custom icon themes, right? 

Or?

I'm sure it's possible to find that Ubuntu icon and replace it, but
IMHO, John User who downloads custom icon themes isn't going to know
how, even for an experienced user it's annoying (having to find the two
icons etc).