Two additional points,

I think the applicability of the law hinges more on the interpretation of "in exchange" than it does "token" and I believe that Archie's definition of "In exchange" is the appropriate one.

Second the benefit of the HPA is that it creates a private right of action along with the ability to get injunctive relief with requiring a showing of damage. However it is not the only remedy. A person manufacturing fakes could still be subject to a variety of law dealing with fraud.