I think there are two arguments here - legal and ethical/moral.

Legal point: yes, both counterfeits and fan items infringe on HasTak's IP.

Ethical/moral point: counterfeits are direct violations and attempt to deceive consumers whereas fan items do not. Counterfeiters are primarily motivated by personal gain/profit whereas fan item producers are primarily motivated by their love for the franchise and dedication to the fandom. As I understand it the money they charge for these items is to cover the cost of manufacture, and not for profit. If they are substantially profiting from this, then it would change the ethical argument - but I'm working on the assumption that they're not-for-profit.