Going about it the wrong way...what they should be doing is taking a page out of the Red Hat playbook and just protect the Google TM within Android. Then they could just set forth specific rules which must be strictly followed in order to say this is an Android device and to use any of Google's TM within.
For example:
Create a directory structure for 3rd party (non-ASOP) drivers, libs, and config scripts which must be used and prevent manufacturers/providers from altering or removing other files/folders.
Force manufacturers/providers to allow users to use default Android applications in place of 3rd party apps through some standard means.
Weigh in with yes/no on things like encrypted boot loaders, rooting, preventing side loading of apps, etc.
[Add whatever rules which are causing fragmentation problems or allowing such monstrosities as Viewsonic's Tap'nTap here!]
What this should do, is allow manufacturers/providers who do not care about being labled as Android to do as they please (the B&N NOOK, for example, may not care at all if they get to put a little robot sticker on the box or not since it is such a specific device). Manufacturers/Providers who DO care, would be forced to follow the rules if they want to take advantage of Google's advertising, marketing, and reputation.
As a side benefit of going this route, they could also do things like strike back at MS forcing Bing on everyone within WM7 by specifically banning it from Android(TM).