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That's me with a wavering answer.............. You and others can be incorporated in a number of states with the same "Joe Blowes Inc." business name. So rights to the domain rarely lies with an incorporated "entity".
Where the power comes in is with "registered" trademark. Do you have one?
If yes, then you can ask for it back and if needed file a Domain Dispute with ICANN. All .com fall under this policy.
http://www.icann.org/udrp/udrp.htm
If you don't have a registered trademark, you may still own the trademark to your business name through its official use but this is more difficult to enforce and can be costly.
Other questions:
Is the domain being used for personal or business use?
How established is the website?
Are they running a profitable business from it? (Good luck)
I am not a lawyer and my experince lets me know that many lawyers know only a little in this area. I have worked through these types of issues with clients in the past.
~H