Android™ is not Open Source, it is based on AOSP which is.
>Android is an open source operating system for mobile devices and a corresponding open source project led by Google.
So, in my opinion, calling Android an Open Source OS is kind of misleading, but it's a matter of how you interpret what Android is. I would rather refer to Android as the final product (which relies on proprietary software), and to AOSP as the open source project which Android is built on.
Plus, I think that AOSP and Android are considered two different entities and I doubt that AOSP is under the trademark of Android.