Estes has made it clear over the years they have no interest in producing kits for most of their discontinued models. When they do, they re-release them (on an intermittent basis).
Semroc selling kits for OOP designs actually enhances the standing of Estes within the hobby. In essence, it is free advertising that draws people back into the hobby (and brings their kids along too).
Certainly it would not be unreasonable to ask Semroc to identify in the kit literature if a kit was based on an original Estes design (and I believe in most cases it already does).
It also might be a possible solution for Semroc to pay a nominal (VERY nominal) royalty fee for the use of OOP plans from Estes (or Centuri).
If Estes made 10 cents from the sale of an OOP kit from Semroc, that would be 10 cents they would not have made otherwise. (Like most monster corporations, they could demand a much higher cut but all that would do would guarantee they would get nothing. They could demand a $25.00 royalty on a $40 Mars Lander kit, and Semroc would just quit selling it.)
Since Semroc serves a market Estes has made clear has not been a priority in its merchandising strategy, it seems illogical they should try to impede their operations.
I was talking with some rocketry buddies a couple weeks ago how symbiotic and beneficial in the long term the present situation (or something close to it) is for all concerned -- Estes produces motors used by a huge percentage of LPR rocketeers and mass-distribution hobby-toy kits for the widespread general audience, while smaller boutique firms such as Semroc address the market of the craftsmanship hobbyists, the BARs, a market too small and specialized for Estes to concentrate large amounts of resources on.
Whenever somebody builds a Semroc kit of an OOP Estes/Centuri design, the odds are about 80% they are going to buy Estes engines to fly it. (BUT THAT COULD CHANGE.)
It should be a win-win situation for all concerned. Estes had regained a HUGE amount of cred among the rocketry community by participating in NARAM and making moves to address the hobbyist market, but they could fritter it all away in a huge hurry by playing the 800-pound gorilla against a company which has done a lot to keep Estes's heritage alive.
It would certainly be in everyone's best interest if an amicable solution can be hammered out fairly quickly.
