I've seen the point you make about trademarks often repeated but it is infact not true.
https://www.eff.org/deeplinks/2013/11/trademark-law-does-not...
However, I am not sure an argument by EFF, no matter how much I support it, can be considered a factual counterpoint.
Also, I’m bummed to see the parent post downvoted. I thought on HN, downvotes were supposed to be used on off topic/hostile/unproductive points, not just ones with which we disagree.