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Can’t Wait for the IPO: Would You Like CoffeeSun With That?

Case: D2002-1084

Domain(s): dessertsun.com, thedessertsun.com

Complainant: Media West-DSP, Inc., The Desert Sun Publishing Company

Respondent: HostWebUSA

The Defense:

i. It is completely reasonable for a website dedicated to inbound gay and lesbian tourist market to center it’s promotion and content on places to eat, things to do and places to get a good "Dessert". In keeping with the tradition of naming business with the "_____ Sun" name, it is perfectly proper, logical and acceptable for the respondent to use "DessertSun". It is not confusing. It correctly indicates a website dedicated to desserts in the Palm Springs Area.

j. The content and purpose of the disputed domain is to allow the inbound gay and lesbian tourist market to find information about the Palm Springs area. As such, much of the advertisement on the site is aimed at the gay and lesbian market’s consumer habits with an emphasis on the types of resort wear likely to be needed when arriving in Palm Springs.