It's a Rockshox Duke. I got a leftover '04 Cake (new) about 3-4 months ago and just noticed it recently. I realized it was low the first time when I took the bike in for it's 15 hour service ( a freebie when you buy a bike here!) At that time I just figured I'd screwed up putting air in as I was warned it was easy to let it all escape. Since then It's gone down again, and is starting to get soft a third time. I'll talk to the guy at the LBS and see what they think. I suppose it copuld be a break-in thing.
BTW, fork issue aside, I LOVE the bike!!