THE BULLETIN • SUNDAY, FEBRUARY 21, 2021 A7
KLAMATH FALLS
Doughnut shop sued by restaurant with similar name
BY TIM TRAINOR
(Klamath Falls) Herald and News
For many, a doughnut is
both holy and holey.
But for Michelle and Chris
Newton, the financial future of
their downtown Klamath Falls
bakery could have rested on a
judge seeing a difference be-
tween the two.
The family-owned opera-
tion, known until last week as
the Holey Donut, will no lon-
ger go by that moniker after its
owners were sued by The Holy
Donut, a Maine bakery located
3,100 miles away.
“You couldn’t get any farther
away from our business,” said
Michelle. “And to come after
us and bully us over something
like this ... it hurt.”
The Newtons opened their
eatery, located near Klamath
Union High School, after a life
of hard work.
For years Chris managed a
Black Bear Diner in Alturas.
His wife, Michelle, worked as a
manager at Walmart and Dol-
lar General. They moved their
blended family to Diamond
Lake for the summer of 2019,
working night and day at the
resort and saving every penny
to fund their dream of owning
their own business.
Together, they decided on
doughnuts. And when enough
money was saved, three gen-
erations of the family dragged
a fryer out in the driveway to
work on recipes and think up
names. One grandchild stuck
a finger into her doughnut and
began to eat around it.
“They all got holes,” she said.
Something sparked in Mi-
chelle. She had fond mem-
ories of the Holey Donut, a
1980s-era diner in Eugene that
had long since closed down.
The family voted and it was
unanimous: They would call
the restaurant Holey Donut.
Chris registered the name with
the state of Oregon and pur-
chased holeydonut.co domain.
Then they found a battered
old building in downtown
Klamath Falls and got to work
cleaning it out and cleaning
it up.
Customers enjoyed the
doughnuts, and the family
said the business was finding
success until the coronavirus
came calling. Six months after
they opened the doors, Holey
Donut was knocked sideways
by the pandemic and then a
phone call from across the
country.
A man from a bakery in
Maine demanded the Ore-
gon business change its name.
His operation was called “The
Holy Donut,” and he had it
trademarked. The business
had opened in 2012 in Port-
land, Maine, and by 2017 it
expanded to three locations in
the area.
To the Newtons, it seemed
like a different operation lo-
cated about as far across the
country as you can get.
“At first, I was miffed about
it but also scared,” said Mi-
chelle Newton. “I felt like he
was bullying me, but I also
knew how much we had put
into this thing.”
She thought about how
to respond and her possible
courses of action, but then
months passed and it slipped
from her mind under the daily
deluge of work.
“Maybe he was just trying
to scare me,” Michelle Newton
said. “I thought it was just a
threat and they’d forget about
us.”
To pivot in the pandemic,
in June the Newtons pur-
chased an old food truck to
make fresh sweets at the farm-
ers market and other events
Cameron Michael Petz
of Redmond, OR
Feb 14, 1976 - Feb 09,
2021
Arrangements:
Autumn Funerals, Red-
mond 541-504-9485 www.
autumnfunerals.net
Services:
A Celebration of life will be
held at a later date.
OBITUARY DEADLINE
Call to ask about our deadlines
541-385-5809
Monday-Friday 10am-3pm
Email: obits@bendbulletin.com
MEMORIAL
In Memory of
Kristina Lynne Welsch
I have many fond memories of Kris} na Lynne Welsch
of Bend from the years I knew her, 2014 - 2017. This
is a tribute to Kris} na, the impression she made on
me and my memories from her later years in Bend.
Kris} na, the kindest of souls, passed at the age of 43 on
September 9, 2017.
Kris} na loved discovery and adventure, experiences
that show the depth and beauty of life. I9ll never forget
hikes on sunny days with her to places in the Cascades
like Clear Lake, Lucky Lake, Chush Falls, the Metolius
River, and Todd Lake. Some} mes she would take her
Pomeranians, Chester and Faû y, with Chester riding
in a doggy pack as he got older. Kris} na was in great
shape and could hike faster than most people. She never
worried about not having a map or û ashlight--she just
set out on the trail to explore. She would û nd new spots
in her hiking book, like Gearhart Mountain or Linton
Falls, which takes a scramble to get to. With the promise
of a pris} ne place, she wouldn9t think twice about going.
She also loved music, and loved listening to it in her
house, in her car, or at concerts in Drake Park or other
spots in Bend. She would ov en sing along, and she had
great taste. A favorite song was John Prine9s <Paradise.=
From where she lived close to Drake Park, she loved to
walk downtown for community events and art walks.
Beau} ful spots in Bend like the River Trail or Shevlin Park
were among her favorites too. She at ended a church
in Bend, had deep faith, and loved to share ideas about
spirituality. She prac} ced yoga almost every day and was
always interested in learning more about the world and
herself, always trying to make the world a bet er place.
She loved the environment, so it saddened her to hear of
habitat destruc} on or of animals being mistreated. Her
great love for furry creatures showed in the aû ec} on she
gave her dogs and her cat, Walter, also known as <Boots.=
Kris} na had the aû rming, gentle spirit of a truly special
person, someone you will always hold in your heart. No
one will forget her good-natured grin, her sincerity, or
her desire to do good in the world. Every } me we visit
a beau} ful, wild place or experience the kindness of a
beloved pet or animal, we honor her memory. She is so
dearly missed.
John Groves
February 2021
Herald and News
Michelle Newton poses with the
Holey Donut Cafe sign on its last
day in front of the store in down-
town Klamath Falls.
around town. They took pho-
tos of the new paint job and
spread the news on Facebook.
“I thought it was going to be
a step forward for us,” Michelle
Newton said. “If people aren’t
going to come in as often, we
wanted to come to them.”
Weeks later, however, they
got served. Legal papers, not
doughnuts.
“Holy Donut learned
through a Holey Donut social
media post that Holey Donut is
not only continuing to adver-
tise doughnuts using its con-
fusingly similar mark, but also
expanding its use of that mark
through a mobile food truck”
read the complaint. Holey Do-
nut was ordered to appear in
U.S. District Court in Medford.
“That’s when we panicked,”
Michelle Newton said. “That’s
when it became real that this
might break us.”
She called around to lawyers
and was eventually put in touch
with a specialist in trademark
law located in Eugene. The
Newtons were told they had
a “50/50 chance” of winning,
because their doughnut shop’s
name was spelled differently,
their business interests did not
overlap, and there was no evi-
dence that one was aware of the
other when it was named.
Still, the risks to the family
were high.
“Even if we won, we’d have
to pay out thousands and
thousands in court and lawyer
costs,” Michelle Newton said.
“We agonized about it for a
long time. We wanted to fight.
We didn’t do anything wrong.”
But to fight and win may
well have bankrupted the small
business. So with a heavy heart
the family came together one
OBITUARY
Donald Lloyd Hickman
September 12, 1949 - February 2, 2021
Former Alaskan Resident,
Donald Lloyd Hickman, 71,
passed away suddenly on
February 2nd 2021.
Don was born September
12th, 1949 in Hollis, OK,
to Herman and Mary
Hickman.
Don
was
survived by his wife of
50 amazing years, Janice
Jo Hickman. His children,
Kody Herman Hickman,
Cori Jo Hickman and son-
in-law Bill Tallman. His
grandchildren, Amanda
Jo Hickman, and Blakley
Herman Hickman. His
four siblings and their
spouses, Herb and Rhonda
Hickman, Sue and Jack Jones, Jan and Mike Sears, Dennis
and Diana Hickman. His brother/sister in laws, Sandi
and Clyde Smith, and Tammy and Mike Perry. Countless
cousins, nieces and nephews. His mother in law, Bet y
Jo Rhoden. His dog, Lacy Hickman. He was preceded in
death by his parents Herman and Mary Hickman, brother
Joe Hickman and sister Brenda Kay Hickman.
Don and Jan fell in love during Jr High School and held
hands ever since. They were best friends and you couldn’t
think of one without the other. Calling one of their
phones meant both their phones would ring. Though he
was taken too soon, they shared many wonderful years
and created countless cherished memories.
Not in awe of fancy things, Don curated a meaningful
life. Give him a campû re, wilderness and the stars, and
he was at home. He was an avid outdoorsman and
realized his dream of living on an Alaskan river, spending
15 years with Jan carving out a beau} ful homestead, a
û ashlight and a pocketknife in his shirt pocket the whole
} me, as always.
Joy for Don could also be found in snacks, a road trip and
a good hamburger on one of his many travels to spot
wildlife or visit friends and loved ones far and wide. He
didn’t know a stranger and warmth, humor, story-telling
and gigan} c hugs were always in stock for those around
him.
Don wore many hats. He was a gold miner, a furniture
salesman, a restaurant owner and an RV Salesman to
name a few. In the later role he adored helping people
û nd an RV that would allow them to live their own
dreams.
As a boy Don was a Cub Scout and member of the FFA. At
Bend High School his athle} cism and <quick as ligh} ng=
speed helped him excel in football and track. He played
football at the University of Oregon and was a lifelong
Duck fan known for his distaste for false starts and bad
calls.
Don was the very deû ni} on of salt of the earth and his
wonderful spirit has lev all those around him bet er oû .
A celebra} on of Don9s life will be held at a later date for
family and friends.
In lieu of û owers please consider dona} ng to: Educa} on
Founda} on for Bend-La Pine School (Fund: Ac} vity
Fee Scholarships) P.O. Box 1436, Bend, OR 97709
www.engagedminds.org
Please visit the online registry for the family at
www.niswonger-reynolds.com
more time to bid adieu to one
name and come up with an-
other. This time it was Mi-
chelle’s daughter Becca Moore
who came up with the winner:
Holey Moley Cafe and Sand-
wiches.
The pandemic was tough
on profits, but it helped Mi-
chelle realized that “you either
change and move forward or
go out of business.”
OBITUARY
Philip Alan Masteller
1981 - February 4, 2021
Philip Alan Masteller came into our world on a warm
summer day in 1981. From his û rst breath, he was
loved. He reciprocated by û lling our lives with light,
laughter, and joy. Phil never met a stranger, he could
walk into a room and within minutes be the life of
the party. Phil loved experiencing new things in new
places, listening to new music, seeking out new food
and new beverages. Phil9s passion for living life to
its fullest found him driving through dusty canyons
in his conver} ble, swinging in a hammock next to a
river or û oa} ng down it in a tube; he loved mastering
a mountain on a bike, or û oa} ng around the Puget
Sound on a sailboat with good friends then he spent
the cold winters sliding down a slope on a snowboard,
and heading back up to do it again. Phil9s daughter
Piper was the center of his world, her sparkle and
playfulness will con} nue to remind us of his spirit and
love of life and be a blessing to his loved ones.
Phil was taken from us on a snowy av ernoon on
highway 97 in Bend Oregon. Phil is survived by Piper,
his father Craig, mother Susan, his girlfriend Kara, his
sisters Jessica and Shawna, too many loving family
members to list and so many friends, who became
family. A celebra} on of his life (A <Philabra} on=)
will be planned, when we can all safely travel to be
with one another. Phil9s spirit of adventure will live
on in every person who has known him; we will all
remember to live life to its fullest - for Phil.
OBITUARY
Judith “Judy” Lynn Christopher
May 5, 1939 - January 30, 2021
Judy Christopher was a loving wife, mother and
grandmother with a joyful laugh and beau} ful smile.
She was happiest on her ranch with her husband Pinky,
taking care of their horses, cows, and adorable lit le
dogs. She was born in Downers Grove, IL near Chicago,
the youngest of three sisters. Her family relocated to
Central Oregon when she was 19.
Judy was an accomplished horsewoman from an
early age, winning over 200 awards in her life} me.
She belonged to many equine clubs, including AQHA,
NWQHA, COQHA & COCHA. While her heart was always
on the ranch, she was a career woman as well. Av er
successfully star} ng the jobs program for Sunriver
Resort, Judy went on to be a job counselor for the State
of Oregon, un} l she re} red. Always fashionable, Judy
took a part-} me job at Macy9s during re} rement. When
she û nally stopped working, she could ov en be found
siý ng on her porch, cocktail in hand and dog in her lap,
av er tending to her beloved yard.
Judy and Pinky married over 47 years ago, bringing
together their two children, Kellie and Ron. The family
grew larger, louder, and more full of fun as } me went
on. They loved going to the Pendleton Round Up with
their dear friends, at ending almost every year.
No one was closer to Judy than her only daughter Kellie,
who was by her side during her û nal days. She is survived
by her husband Gerald <Pinky=, daughter Kellie (Lance),
step son Ron (Lore) and grandchildren Alexis (Chris),
Charlie (Sheryl) and Evan and great-grandchildren Eliot,
Paisley and Callan.
She is preceded in death by her sisters, Georgia (Bob)
Simmons and Patricia (Hoy) Fultz, and her parents,
Waldo and Alice Bail.
Due to the ongoing COVID-19 pandemic a memorial
is being postponed un} l friends and family can safely
gather. In lieu of û owers, please direct dona} ons to the
Humane Society of Central Oregon (ht ps://hsco.org/).
We will forever love Judy, and she will carry on through
her stories and our memories.