I do STC projects for EFIS upgrades for the past 20 years and the FAA looks for this. Seems that some have missed it in the past however.
How about this for an algorithm: In the absence of a gear squat switch, do not display at power on until airspeed > Vso. It would mean that everyone would have to set Vso though.
If power was cycled in flight, the condition would immediately be satisfied and the band would be displayed.
In the hammerhead, it would still display since airspeed had to exceed Vso to get airborne and that would be correct.

Let me know if I get the 10 points...