WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION Pegasus Hava Taşımacılığı A.Ş. v. WhoisGuard, Inc. / Eduard Kamalov Case No. D2019-0038 1. The Parties

The Complainant is Pegasus Hava Taşımacılığı A.Ş. of Istanbul, Turkey, represented by Dericioglu & Eren Law Office, Turkey.

The Respondent is WhoisGuard, Inc. of Panama City, Panama / Eduard Kamalov of Naberezhnie Chelni, Russian Federation. 2. The Domain Name and Registrar

The disputed domain name is registered with NameCheap, Inc. (the “Registrar”). 3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on January 8, 2019. On January 8, 2019, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On January 8, 2019, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the disputed domain name which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to the Complainant on January 9, 2019 providing the registrant and contact information disclosed by the Registrar, and inviting the Complainant to submit an amendment to the Complaint. The Complainant filed an amended Complaint on January 11, 2019.

The Center verified that the Complaint together with the amended Complaint satisfied the formal requirements of the Uniform Domain Name Dispute Resolution Policy (the “Policy” or “UDRP”), the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules”), and the WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy (the “Supplemental Rules”).

In accordance with the Rules, paragraphs 2 and 4, the Center formally notified the Respondent of the Complaint, and the proceedings commenced on January 14, 2019. In accordance with the Rules, paragraph 5, the due date for Response was February 3, 2019. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on February 4, 2019.

The Center appointed Wilson Pinheiro Jabur as the sole panelist in this matter on February 21, 2019. The Panel finds that it was properly constituted. The Panel has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required by the Center to ensure compliance with the Rules, paragraph 7. 4. Factual Background

The Complainant, known as Pegasus, is a low-cost airline company in Turkey, founded in 1990. Operating the domain name, registered in 2005, it is also the owner of the Turkish Trademark Registration No. 2011 12917, dated March 22, 2012 and the International Trademark Registration No. 1107049, dated September 30, 2011 for FLYPGS in class 39.

The disputed domain name was registered on March 23, 2018 and was in used in connection with a pornographic website. Currently no active webpage resolves from the disputed domain name. 5. Parties’ Contentions A. Complainant

The Complainant asserts to be ranked amongst the top four scheduled airlines operating in Turkey, operating under the PEGASUS trademark which has been recognized as a well-known trademark by the Turkish Patent Institute (Annex 7 to the Complaint).

It further claims to have registered the domain name which stands for “Fly Pegasus”, having registered and largely used the FLYPGS trademark, being the 219th most visited website in Turkey.

The disputed domain name, , under the Complainant’s view, was registered by the Respondent with a clear intention to mislead Internet users, creating a likelihood of confusion with the Complainant’s trademark and domain name.

Moreover, the Complainant as